Patna High Court

Sunny KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied to the petitioner at this stage.

Summary

The petitioner Sunny Kumar was arrested in a POCSO case alleging rape of a minor, charged under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. He applied for bail, claiming he was falsely implicated due to village politics and that the medical report showed no injuries. The State opposed, citing the victim’s statement recorded under Section 183 of the BNSS which corroborated the FIR. The Court examined the seriousness of the offence, the victim’s statement, and the lack of any compelling reason to release the accused. Consequently, the Court refused bail, directed the trial court to expedite the trial, and allowed the petitioner to renew the bail application after six months if the trial remains pending.

Issues considered

Whether bail can be granted to an accused in a POCSO rape case pending trial
Whether the victim’s statement under Section 183 BNSS and the medical report justify denial of bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 183, 70(2)
Protection of Children from Sexual Offences Act — s. 4, 6

Subjects

bail
POCSO
rape
minor
Bharatiya Nyaya Sanhita
Section 70(2)
Section 183
medical report
trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75541 of 2025
                      Arising Out of PS. Case No.-331 Year-2025 Thana- DHANARUA District- Patna
                 ======================================================
                 Sunny Kumar S/o- Sant Paswan Resident of Village- Badiha, P.S- Dhanarua,
                 Dist- Patna


                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar

           2.    Kaushalya Devi W/o- Sunil Paswan Vill- Bijapur, P.S- Vijaypura, Dist-
                 Patna


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anjum Perveen, Advocate
                 For the Opposite Party/s :      Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Special

                   POCSO Case No. 157 of 2025 arising out of Dhanarua P.S. Case

                   No. 331 of 2025 instituted for the offences under Sections 70(2)

                   of the Bharatiya Nyaya Sanhita, 2023 and 4/6 of the POCSO

                   Act.

                               3. Allegation against the accused persons including the

                   petitioner is of commission of rape upon the informant’s minor

                   daughter.
Patna High Court CR. MISC. No.75541 of 2025(5) dt.20-02-2026
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                      4. Learned counsel for the petitioner submitted that the

          petitioner is innocent and has falsely been implicated in the

          present case due to local village politics. Learned counsel

          further submitted that the entire prosecution case is false and

          concocted which is evident from the medical report. Learned

          counsel further contended that there is no external or internal

          injury present on the body of the victim as per medical report. It

          has been submitted on behalf of the petitioner that the petitioner

          is in custody since 27.05.2025 and has one criminal antecedent.

                      5. Learned A.P.P. for the State vehemently opposed the

          prayer for grant of bail to the petitioner. Learned APP further

          submitted that victim in her statement recorded under Section

          183 of the BNSS has corroborated the contents of the FIR, and

          therefore, the petitioner does not deserve to be released on bail.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the statement of the victim recorded under

          Section 183 of the BNSS, this Court is not inclined to grant bail

          to the petitioner at this stage.

                       7. Accordingly, the prayer for grant of bail to the

          petitioner is, hereby, rejected.

                       8. Learned Trial Court is directed to expedite the trial.

                       9. However, liberty is granted to the petitioner to
           Patna High Court CR. MISC. No.75541 of 2025(5) dt.20-02-2026
                                                       3/3




                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of six months from today.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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