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Patna High Court

Randhir KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Randhir Kumar, was arrested for alleged attempted rape of a 13‑year‑old girl and assault on her uncle, offences charged under Sections 126(2), 127(2), 65(1), 62, 115(2) of the BNS and Sections 8 and 12 of the POCSO Act. He claims he is falsely implicated due to a land dispute between his grandfather and the victim’s grandmother. The State and the informant’s counsel argue that the allegations are serious and there is no evidence of the alleged land dispute. The court examined the gravity of the offences, the victim’s minor status, and the lack of material to support the false‑implication claim. Consequently, the court refused to grant regular bail, directing that the petitioner may re‑apply after six months if the trial remains pending.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving alleged attempted rape of a minor and related offences under the BNS and POCSO Acts.

Legislation cited

Subjects

  • bail
  • POCSO
  • attempted rape
  • minor
  • false implication
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66098 of 2025
                     Arising Out of PS. Case No.-85 Year-2025 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Randhir Kumar S/o- Laxman Ram @ Lakshman Ram Village- Saidpur Ps-
                 Haspura Dist- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ d/o- Uday Ram Village- Saidpur Ps- Haspura Dist- Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bindeshwar Prasad Singh
                 For the State            :       Mr.Satyendra Prasad, APP
                 For the O.P.No.2                 Mr. Santosh Chandra Bhaskar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   31-01-2026                          Heard the learned counsel for the parties.

                                    2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 126(2),

                   127(2), 65(1), 62, 115(2) of the BNS and Sections 8 and 12 of

                   the POCSO Act, registered in connection with Haspura P.S.Case

                   No. 85/2025.

                                 3. The victim is a minor girl aged about 13 years. The

                   petitioner, according to allegation, caught hold of her and

                   forcibly dragged her into a wheat field and attempted to commit

                   rape on her. When the uncle of the victim came there searching

                   for the victim, the petitioner assaulted her uncle and fled away.

                                 4. The learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.66098 of 2025(3) dt.31-01-2026
                                                       2/2




                     that the petitioner is innocent and has falsely been implicated.

                     He is in custody since 06.08.2025. It is submitted further that, as

                     a matter of fact, grand-father of the petitioner and grand-mother

                     of the victim are sister and brother, and grand-father of the

                     petitioner had given ½ katha of land to the grand-mother of the

                     victim and some dispute was also there between them which is

                     the reason for false implication of the petitioner.

                                  5. On the other hand, the learned APP for the State

                     and the learned counsel for the informant have opposed the

                     prayer for bail by submitting that there is nothing on the record,

                     showing the land dispute. It is further submitted that, according

                     to the school certificate, the age of the victim is 13 years.

                                  6.    Taking      into     consideration   the   facts   and

                     circumstances of the case, and the allegation levelled against the

                     petitioner, presently I am not inclined to grant him the privilege

                     of bail, which is hereby rejected.

                                  7. However, the petitioner may renew his prayer for

                     bail after six months, if the trial is not concluded.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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