Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a cash bond, sureties, and conditions of cooperation with the trial.

Summary

Petitioner Rahul Kumar was charged in a POCSO case for allegedly abducting, raping, and threatening the informant on 15 May 2025. He claimed innocence, asserting that the victim had a consensual relationship with him and was pressured by her parents to file the FIR. The victim’s statement indicated affection for the petitioner, but the State argued the act was non‑consensual. The court examined the seriousness of the offences, the alleged consent, and the petitioner’s clean antecedents. Considering the circumstances, the court ordered the petitioner’s release on regular bail with a cash bond and sureties, subject to cooperation with the trial. The bail order was conditioned on the petitioner’s availability as required by the court.

Issues considered

Whether regular bail can be granted in a POCSO case involving alleged rape and abduction of a minor
Whether the alleged consent of the victim negates the seriousness of the offences under the POCSO Act and BNS
Whether the petitioner’s clean antecedents justify bail despite the gravity of the charges

Legislation cited

Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

bail
POCSO
rape
consent
abduction
criminal procedure
minor protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68879 of 2025
                       Arising Out of PS. Case No.-96 Year-2025 Thana- TELHARA District- Nalanda
                 ======================================================
                 Rahul Kumar S/O Rakesh Bind Resident of Village- Telhara, P.S- Telhara,
                 Distt.- Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Priti Kumari D/O Ramesh Bind R/O Village- Telhara, P.S- Telhara, Distt.-
                 Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kamlesh Kumar, Adv.
                                                  Mr.Nawal Kishore Singh, Adv.
                 For the State            :       Mr.Md. Fahimuddin, APP
                 For the Informant        :       Mr.Sanjiv Kumar Pathak, Adv.
                                                  Mr.Ashok Kumar Garg, Adv.
                                                  Mr.Kumar Ravi Shankar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

7   04-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                     2. In this case, the petitioner is seeking regular bail

                   in connection with POCSO Case No. 95 of 2025 arising out of

                   Telhara P.S. Case No. 96 of 2025, registered for the offences

                   punishable under Sections 126(2), 127(2), 115(2), 352, 351(2),

                   351(3), 96, 3(5), 64(1) of the BNS and 4/6 of POCSO Act. .

                                     3. On 15.05.2025, at about 4:00 AM, the petitioner

                   along with his friend, forcibly abducted the informant on his

                   motorcycle. She was taken to Jehanabad where the petitioner
Patna High Court CR. MISC. No.68879 of 2025(7) dt.04-02-2026
                                            2/3




          committed rape upon her and threatened to kill her and her

          father, if she disclosed the occurrence to any one.

                         4. The learned counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely been

          implicated. The victim, in her statement recorded under Section

          183 of the BNSS, has stated that she had love and affection with

          the petitioner. In pressure of her parents, she has supported the

          occurrence in the FIR. The petitioner is a person of clean

          antecedent and is under custody since 17.06.2025.

                       5. On the other hand, the learned counsel for the

          informant and the learned APP for the State have opposed the

          prayer for bail by submitting that the physical relationship

          between the petitioner and the victim was not consensual.

                       6. The victim admitted that she had love and affection

          with the petitioner and she went with the petitioner on his

          motorcycle.

                         7. Considering the above-mentioned facts and

          circumstances, let the petitioner above-named be released on

          bail on furnishing bail bonds of Rs.10,000/- with two sureties

          of the like amount each to the satisfaction of learned 7 th District

          Judge-cum-Special Judge, POCSO, Biharsharif, Nalanda in

          connection with POCSO Case No. 95 of 2025 arising out of
           Patna High Court CR. MISC. No.68879 of 2025(7) dt.04-02-2026
                                                       3/3




                     Telhara P.S. Case No. 96 of 2025, subject to the condition that

                     the petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T

Continue reading with your account

Checking your session…