Patna High Court
Randhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 127(2), 62, 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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
Checking your session…