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Patna High Court

Aakash KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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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