Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Aakash Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 65(2), 352, 351(2) of the B.N.S and Section 4 of the POCSO Act, alleging that he raped and assaulted the minor daughter of an informant. The petitioner claimed he was falsely implicated due to personal enmity and that the medical report showed no evidence of recent sexual assault; he also highlighted his lack of prior criminal record. The State, represented by the Additional Public Prosecutor, opposed bail, emphasizing the seriousness of the allegations and the victim’s statement recorded under Section 183 of the B.N.S.S. The Court considered the gravity of the charges, the victim’s minority, and the statutory provisions, and concluded that granting bail would be inappropriate. Consequently, the Court rejected the petitioner’s bail application.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape of a minor under the POCSO Act and related sections of the B.N.S.
- Whether the absence of medical evidence of recent sexual assault and the petitioner’s clean record justify bail.
Legislation cited
Subjects
- bail
- rape
- minor
- POCSO Act
- criminal procedure
- section 183 statement
- court denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76598 of 2025
Arising Out of PS. Case No.-250 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Aakash Kumar S/O Uchit Mahto @ Suman Mahato Resident of Village-
Ratanpura Bindtoli Pokhara, P.S.- Chapra Muffasil, Dist.- Saran (Chapra)
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Late Kishun Mahto Resident of Village- Ratanpura Bindtoli Pokhara,
P.S.- Chapra Muffasil, Dist.- Saran (Chapra)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 11-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State. No one appears on
behalf of the opposite party no. 2 despite valid service of notice.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 65(2), 352,
351(2) of the B.N.S and Section 4 of the POCSO Act.
3. Petitioner is said to have committed rape with the
daughter of the informant and also assaulted her with fists and
slaps.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the present case on the
grounds of enmity. It is further submitted that the medical
examination report also does not indicate any evidence of recent
Patna High Court CR. MISC. No.76598 of 2025(6) dt.11-03-2026
2/2
sexual assault at the time of examination of the victim girl.
Further, the petitioner is in custody since 11.05.2025 with no
criminal antecedent.
5. Learned APP for the State has opposed the
application for bail on the ground that the victim is a minor girl
of about 11 years of age and has also supported the case of the
prosecution in her statement recorded under Section 183 of the
B.N.S.S.
6. Taking into consideration the facts and
circumstances and also considering the seriousness of the
allegations and the statement of the victim under Section 183 of
the B.N.S.S., I am not inclined to enlarge the petitioner on bail.
Accordingly, his prayer for bail is rejected in connection Chapra
Muffasil P.S. Case No. 250 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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