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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the seriousness of the alleged rape of a minor and the supporting evidence outweighed the petitioner’s claim of innocence.

Summary

The petitioner, Gautam Kumar, was arrested in connection with a case alleging rape of a minor under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act. He applied for bail, claiming innocence and that the charges were based merely on suspicion, and noted a prior criminal antecedent for which he was on bail. The State opposed bail, citing corroborative witness statements and the victim’s recorded statements under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the seriousness of the alleged offence, the evidence presented, and the statutory provisions governing bail in such grave crimes. Concluding that the nature and gravity of the accusation warranted continued custody, the Court denied the bail application and directed the trial court to expedite the trial.

Issues considered

  • Whether bail should be granted to an accused in a rape case involving a minor under Section 70(2) B.N.S. 2023 and Section 4 POCSO Act
  • Whether the presence of corroborative witness statements and victim’s statements under the Bharatiya Nagarik Suraksha Sanhita, 2023 precludes bail

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • POCSO
  • criminal procedure
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62675 of 2025
                   Arising Out of PS. Case No.-100 Year-2025 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
                 Gautam Kumar S/o- Vidya Prasad Singh Resident of Parhariya (Pararia) P.S-
                 Shambhuganj, Dist- Banka
                                                                        ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     “X”, Village- Parhariya (Pararia) Ps- Shambhuganj Dist- Banka
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :     Mr. Nirmal Kumar Sinha, APP
                 For the Informant        :     None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   02-02-2026                         Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary. Despite valid

                   service of notice, none appeared on behalf of the informant.

                                2. The petitioner seeks bail in connection with

                   Shambhuganj P.S. Case No. 100 of 2025, instituted for the

                   offences punishable under Sections 70(2) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 4 of POCSO Act.

                                3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons has committed rape upon

                   the victim/informant who is a minor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case.
             Patna High Court CR. MISC. No.62675 of 2025(4) dt.02-02-2026
                                                         2/2




                       Learned counsel for the petitioner also submitted that the

                       petitioner has been implicated in this case only on the basis of

                       suspicion. It is further submitted that the allegation levelled

                       against the petitioner is false and concocted. The petitioner is in

                       custody since 13.04.2025 and has got one criminal antecedent in

                       which he is on bail.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner and submitted that

                       witnesses have also supported the case of prosecution in

                       paragraph nos. 8, 16 and 17 of the case diary. It is further

                       submitted that the victim has levelled specific allegation against

                       the petitioner in her statement recorded under Sections 180 and

                       183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Hence,

                       the petitioner does not deserve the privilege of bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature of accusation and the gravity of the offence,

                       this Court is not inclined to grant bail to the petitioner.

                                    7. The prayer is rejected. The trial Court is directed to

                       expedite the Trial



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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