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Patna High Court

Pintu Kumar @ Sumit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the statutory requirement to record the victim’s statement within thirty days and to conclude the trial within one year had been violated, warranting the grant of bail despite the seriousness of the allegations.

Summary

Pintu Kumar was accused of raping a minor girl, creating an obscene video and blackmailing her, with the victim’s statement recorded under Section 164 CrPC and found to be pregnant. The petitioner’s earlier bail application was denied, but a second application was filed arguing that the POCSO Act mandates recording the victim’s evidence within 30 days and completing the trial within one year, neither of which had been complied with. The court noted that more than a year and five months had elapsed since cognizance, the victim’s statement remained unrecorded, and only two of thirteen prosecution witnesses had been examined. While the State highlighted the seriousness of the offence, the court emphasized the procedural delays and the petitioner’s clean antecedent. Consequently, the court granted bail with a bond of Rs.20,000 and specific conditions to ensure trial cooperation and prevent tampering.

Issues considered

  • Whether the statutory time limits under Sections 35(1) and 35(2) of the POCSO Act, regarding recording of the victim’s statement and completion of trial, justify granting bail despite the gravity of the alleged offence.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • trial delay
  • victim statement
  • rape of minor
  • blackmail
  • procedural default

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75448 of 2025
                    Arising Out of PS. Case No.-97 Year-2023 Thana- MAHILA P.S. District- Lakhisarai
                 ======================================================
                 Pintu Kumar @ Sumit Kumar S/o Musahru Saw @ Musharu R/o Village- Piri
                 Bazar, P.S.- Piri Bazar, District- Lakhisarai


                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Kanti Devi W/o Prabhu Saw R/o Village- Piri Bazar, P.S.- Piri Bazar,
                 District- Lakhisarai

                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Sharda Nand Mishra, Adv.
                                                   Mr. Deepak Kumar, Adv.
                                                   Ms. Isha Mishra, Adv.
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   16-01-2026                          Heard the parties.

                                 2. This is the second attempt made on behalf of the

                   petitioner for grant of bail, as earlier his prayer for bail was

                   turned down by this Court vide order dated 26.07.2024 passed

                   in Cr. Misc. No.35102 of 2024, taking into consideration the

                   statement of the victim recorded under Section 164 of the CrPC,

                   wherein she has categorically stated that she was subjected to

                   rape by the petitioner and he had also made some obscene video

                   of the victim; on the basis of that the victim was subjected to

                   blackmail. During the medical examination, the victim was also
Patna High Court CR. MISC. No.75448 of 2025(4) dt.16-01-2026
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          found pregnant and there are cogent materials suggesting

          involvement of the petitioner.

                       3. Learned Advocate for the petitioner, at the outset,

          submitted that the prayer for bail of the petitioner was rejected

          on merit and, as such, she does not want to persuade the Court

          by making submission touching on the merit of the case.

          However, this fact cannot be ignored that Section 35 of the

          Protection of Children from Sexual Offences Act, 2012

          mandates that the evidence of a child (victim) shall be recorded

          within a period of thirty days of taking cognizance of the

          offence and reason for delay, if any, shall be recorded by the

          Special Court. It is needless to observe that cognizance in the

          matter had been taken on 26.07.2024 and till date, the evidence

          of the victim has not been recorded. It is further contended that

          Section 35(2) of the POCSO Act also directs the Special Court

          to complete the trial as far as possible within a period of one

          year from the date of taking cognizance of the offence. The

          same has also not been done. The incarceration of the petitioner

          for more than two years clearly suggests that he is being

          punished because of the laches on the part of the prosecution,

          which has failed to complete the trial within the period

          prescribed. To support the aforesaid contention, the orders of
Patna High Court CR. MISC. No.75448 of 2025(4) dt.16-01-2026
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          two of the co-ordinate Benches passed in Cr. Misc. Nos.28722

          of 2025 and 30568 of 2025 have been placed on record.

          Referring to the afore-noted orders, it is further contended that

          in both these matters, the victim was subjected to alleged sexual

          assault, however, the Court taking note of the fact that the

          prosecution could not be able to examine the victim within the

          period prescribed and the trial has not been concluded, the

          prayer for bail of the applicants were allowed vide orders dated

          07.10.2025 and 31.10.2025.

                       4. This Court has also called for the present status of

          the trial and it has been apprised to this Court that out of thirteen

          charge-sheet witnesses, till date only two prosecution witnesses

          have been examined, including the victim’s maternal grand-

          father.

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

          vehemently opposed the bail application and submitted that a

          very serious allegation has been levelled against the petitioner

          of committing rape upon a minor girl, besides she was subjected

          to blackmail by preparing a video.

                       6. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the mandate of Section 35(1) and (2) of the POCSO Act,
Patna High Court CR. MISC. No.75448 of 2025(4) dt.16-01-2026
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          which clearly directs the learned Trial Court to conclude trial,

          preferably within a period of one year from the date of order

          taking cognizance and the statement of the victim must be

          recorded within thirty days; however, more than a year and five

          months have been elapsed since the order taking cognizance

          having been passed, but till date the statement of the victim has

          not been recorded, besides the fact that the petitioner has been

          incarcerated      since     11.11.2023        and    has   absolutely   fair

          antecedent, let the petitioner, named above, be released on bail

          on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with

          two sureties of the like amount each to the satisfaction of

          learned District & Additional Sessions Judge-VI-cum-Special

          Judge, POCSO Act, Lakhisarai in connection with Lakhisarai in

          POCSO Case No.20 of 2024, Mahila P.S. Case No.97 of 2023,

          subject to the condition that one of the bailors will be the close

          relatives of the petitioner with further following conditions:-

                          (i) The petitioner will cooperate in conclusion of

          the trial.

                          (ii) He will remain present on each and every date

          of trial till disposal of the case.

                          (iii) He will not try to tamper with the evidence or

          intimidate the witnesses to delay the disposal of trial.
              Patna High Court CR. MISC. No.75448 of 2025(4) dt.16-01-2026
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                                        (iv) In the event of default of two consecutive dates

                        without any cogent reason, his bail bonds will liable to be

                        cancelled.



                                                    (Harish Kumar, J)
rohit/-

U         T


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