Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court refused to grant bail to the petitioner.
Summary
The Patna High Court considered the petition of Ranjan Kumar, who is in custody for alleged murder under IPC sections 302 and 34 and offences under sections 4 and 8 of the POCSO Act, where the dead body of a minor girl was found in his house. The petitioner sought regular bail, arguing that he had been in custody since September 2019, had cooperated with the trial, and that the trial was far from conclusion. The State opposed bail, emphasizing the seriousness of the charges and that prosecution witnesses had already been examined, with a medical opinion on the cause of death now available. The Court noted the gravity of the allegations, the stage of the trial, and the newly received medical report, and consequently refused to grant bail. It directed the trial court to expedite the proceedings and complete the trial within three months.
Issues considered
- Whether regular bail can be granted to an accused charged with murder under IPC sections 302 and 34 and offences under the POCSO Act, given the seriousness of the allegations and the stage of the trial.
Legislation cited
- Indian Penal Code — s. 302, 34
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- murder
- IPC
- POCSO
- high court
- trial delay
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67107 of 2025
Arising Out of PS. Case No.-237 Year-2019 Thana- MAHUA District- Vaishali
======================================================
Ranjan Kumar S/o Raj Kumar Ram R/o Village- Fatehpur Chauthai, P.S.-
Mahua, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Ram S/o Ram Pravesh Ram R/o- Ajmatpur Parti, P.S.- Rajapakar,
Baranti O.P., Post- Bidupur R.S., District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 16-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant
of regular bail in connection with Mahua P.S. Case No. 237 of
2019 registered under sections 302 and 34 of the Indian Penal
Code and sections 4 and 8 of the POCSO Act.
3. As per the prosecution case, the dead body of the
minor daughter of the informant was found hidden in the house
of the petitioner.
4. It is submitted by learned counsel for the petitioner
that the earlier prayer for bail of the petitioner was rejected vide
order dated 18.1.2021 (Annexure-1) passed in Cr. Misc. no.
35690 of 2020. Inspite of the petitioner being in custody since
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18.9.2019 and cooperating in the trial, the trial has still not
concluded nor is there any chance of the same concluding in the
near future. As such it is prayed that the petitioner be enlarged
on bail on any condition which may be laid by this Court.
5. The application for bail is opposed by learned
APP for the State and learned counsel for the opposite party
no.2. It is submitted by learned counsel for the opposite party
no.2 that the dead body of the minor daughter of the informant
was found in the house of the petitioner. So far as the stage of
the case is concerned, the examination of the prosecution
witnesses is over and the final report/opinion of the Civil
Surgeon has also been received in the learned Court below.
6. A report was called for from the learned trial
Court. As per report received contained in letter dated
17.10.2025, the case was fixed for final arguments. In course of
final argument it transpired that the final opinion of the actual
cause of death of the deceased is not mentioned in the
postmortem report and as such the same was asked for from the
Civil Suregeon, Vaishali. It further transpires that the final
opinion regarding the cause of death has been provided by the
Medial Officer, Sadar Hospital to the learned trial Court by his
letter dated 28.11.2025.
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7. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner,
the progress in the trial in the learned trial Court with the
examination of prosecution witnesses being over and the final
opinion of the doctor with respect to death of the minor
daughter of the informant having been received, the Court is
not inclined to enlarge the petitioner on bail and the application
is rejected.
8. Learned trial Court is directed to expedite the trial
and conclude the same within a period of 3 months from the
date of receipt/production of a copy of this order.
(Partha Sarthy, J)
Bibhash
U T
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