Patna High Court
Kundan Kumar @ Kundan Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant regular bail to the petitioner.
Summary
The petitioner, Kundan Kumar, was charged with kidnapping and sexual assault of a minor under Section 366(A) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. The minor’s statement recorded under Section 164 of the Criminal Procedure Code alleged that the petitioner and an accomplice abducted her, confined her in a room, and that the accomplice had sexual relations with her while the petitioner locked the door. The petitioner has been in custody since 17‑12‑2025. The Patna High Court, after hearing counsel, declined to grant regular bail, noting the seriousness of the allegations. The court directed the trial court to expedite the trial but expressly stated it was not passing on the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused in a case involving kidnapping and sexual assault of a minor under IPC 366(A) and POCSO Act.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 366(A)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- kidnapping
- sexual assault
- minor
- IPC 366A
- POCSO Act
- CrPC 164
- bail rejection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7648 of 2026
Arising Out of PS. Case No.-609 Year-2021 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Kundan Kumar @ Kundan Kumar Kushwaha S/O Shambhu Singh R/O
Village- Bari Mushehari, P.S.- Chapra Mufassil, District- Saran.
... ... Petitioner
Versus
1. The State of Bihar
2. Anju Devi W/O Pramod Sharma R/O Village- Marahia, P.S- Chapra
Muffasil, Distt.- Saran.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Dr Harendra Kumar Singh, Advocate
For the Opposite Party : Mr. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 14-05-2026 Heard learned counsel for the parties.
2. This application for grant of regular bail
arises out of Chapra Mufassil P.S. Case No.609 of 2021
registered for the offence punishable under section 366(A) of
the Indian Penal Code and under section 4/6 of the POCSO Act.
3. The petitioner is accused of kidnapping the
victim girl.
4. The minor victim girl in her statement
recorded under section 164 of the Cr.P.C. has stated that the
petitioner and one Aakash Kushwaha have brought her to Patna
and thereafter they kept her in a room and Aakash Kushwaha
has established sexual relationship with the victim girl for
Patna High Court CR. MISC. No.7648 of 2026(6) dt.14-05-2026
2/2
fifteen days. The victim girl has also stated that this petitioner
used to lock the door from outside.
5. The petitioner is in custody since
17.12.2025.
6. Considering the nature of allegation levelled
against the petitioner, I am not inclined to grant the petitioner
privilege of regular bail. Accordingly, this bail application is
rejected. The trial Court is directed to expedite the trial and
conclude the same as early as possible.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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