Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sintu Kumar, was arrested on 10 July 2024 in connection with FIR No.103/2024 alleging offences under Section 376 of the IPC and Sections 4 and 6 of the POCSO Act, 2012. He applied for bail, claiming a clean antecedent and that the allegations were fabricated. The State, represented by the SHO, opposed bail, highlighting the seriousness of the charges, the victim’s minor status, the forensic‑science‑lab report, and the victim’s statement under Section 183 of BNSS, 2023. The Court examined the gravity of the offences, the corroborative evidence, and the risk to the minor victim, and concluded that bail could not be granted. Consequently, the petition for bail was refused and the trial court was directed to expedite the trial. The order was pronounced by Justice Rajesh Kumar Verma on 23 March 2026.
Issues considered
- Whether bail should be granted to an accused charged with rape under IPC Section 376 and sexual offences against a minor under POCSO Act Sections 4 and 6.
- Whether the presence of a forensic report and the victim’s statement under BNSS, 2023 justifies denial of bail.
Legislation cited
- BNSS, 2023 — s. 183, 313
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- rape
- POCSO Act
- minor victim
- IPC Section 376
- criminal procedure
- forensic report
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67588 of 2025
Arising Out of PS. Case No.-103 Year-2024 Thana- NAGARNAUSA District- Nalanda
======================================================
Sintu Kumar S/O Ram Balak Pandit Resident of Village- Daudpur,
Bishambhar Bigha, P.S.- Noorsarai, District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Y R/O Z, the SHO, Nagarnausa Police Station, P.S.-Nagarnausa,
Dist.- Nalanda, in connection with Nagarnausa P.S. Case No.- 103/2024
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 23-03-2026 Despite of valid service of notice upon opposite party
No.2, no one appears on behalf of opposite party No.2.
2. Heard Mr.Raj Kishor Prasad, learned counsel for
the petitioner and Mr.Anish Chandra, learned Additional Public
Prosecutor for the State.
3. The petitioner seeks bail, who is in custody since
10.07.2024 in connection with Nagarnausa P.S. Case No. 103 of
2024, F.I.R. dated 03.07.2024 registered for the offence
punishable under Sections 376 of IPC and Sections 4 and 6 of
POCSO Act, 2012.
4. Allegation against the petitioner is that he allegedly
isolated the victim from other students and lured her with
Patna High Court CR. MISC. No.67588 of 2025(7) dt.23-03-2026
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promises of marriage and academic success, thereafter, he
established physical relations with her and later on coerced her
through threats of making her photos and videos viral.
5. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR.
6. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that from a bare perusal of the FIR it appears that there
is direct and specific allegation against the petitioner that he has
committed physical assault against the victim, apart from that,
the F.S.L. report also confirms the same and the victim has also
supported the case of the prosecution in her statement under
Section 183 of BNSS,2023 and on the date of occurrence the
victim was minor. Further submits that the prosecution has
examined all the prosecution witnesses and the case is pending
for the examination of the accused under Section 313 of BNSS,
2023.
7. Considering the aforesaid facts and the nature of
allegation against the petitioner which is supported by the
victim, I am not inclined to enlarge the petitioner on bail in
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connection with Nagarnausa P.S. Case No. 103 of 2024 pending
in the court of learned 7th District Judge-cum- Special Judge,
POCSO, Biharsharif, Nalanda.
8. Prayer is refused.
9. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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