Patna High Court
Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application was dismissed.
Summary
Akshay Kumar applied for anticipatory bail fearing arrest in a case registered under Sections 64, 351(2), 351(3), 3(5) of the Indian Penal Code and Section 4 of the POCSO Act, alleging he had raped a minor. The prosecution presented the victim’s statement supporting the rape allegation. The High Court, noting the seriousness of the charges involving a child, declined to grant anticipatory bail. The court ordered the petitioner to surrender to the lower court within four weeks and to seek regular bail, warning that failure to do so would result in his arrest by the Superintendent of Police. The order was communicated to the police for compliance.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged rape of a minor under the POCSO Act and IPC provisions
- Whether the seriousness of the allegations justifies denial of anticipatory bail
Legislation cited
- Indian Penal Code — s. 3(5), 351(2), 351(3), 64
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- anticipatory bail
- rape
- minor
- POCSO Act
- Indian Penal Code
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61113 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA P.S. District- Araria
======================================================
Akshay Kumar son of Rajesh Bahardar Resident Of Village - Diyari, Ward no.
5, Ps- Araria, Dist- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chanda Kumari Daughter of Rinku Bahardar Resident Of Village - Diyari,
Ward no. 5, Po- Gaiyari, Via- Araria, Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Araria Mahila P.S. Case No. 24 of 2025
registered for the offence under Section 64, 351(2), 351(3), 3(5)
of the BNS and under Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing rape with the minor victim girl and the
victim girl has also supported the allegations in her statement
given before the Magistrate.
4. Considering the serious allegations levelled
against the petitioner, this Court is not inclined to grant
Patna High Court CR. MISC. No.61113 of 2025(6) dt.20-02-2026
2/2
anticipatory bail to the petitioner.
5. Accordingly, this application for anticipatory
bail is dismissed.
6. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Araria will take
all steps for arrest of the accused person/s including the
petitioner.
7. Let a copy of this order this order be
communicated to the Superintendent of Police, Araria through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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