Patna High Court

Prince KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The bail application was dismissed, and the petitioner was not granted bail.

Summary

Prince Kumar was arrested in connection with a POCSO case alleging that he sexually assaulted a 17‑year‑old girl by promising marriage. The victim allegedly eloped, married the petitioner, and later claimed assault; she refused a medical examination and the complaint was lodged seven months after the alleged incident. The petitioner, who has a prior criminal record, sought bail, arguing innocence and false implication. The State opposed bail, citing the seriousness of the offences under Sections 96, 64, 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act, and the victim’s age. The High Court, after considering the nature and gravity of the offences, denied bail and directed the trial court to expedite the trial.

Issues considered

Whether bail should be granted to the accused in a case involving offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act.
Whether the nature, gravity, and the victim’s minority justify the refusal of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 64, 65(1), 96
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

bail
POCSO
sexual assault
minor
Bharatiya Nyaya Sanhita
criminal procedure
age of consent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76923 of 2025
                      Arising Out of PS. Case No.-19 Year-2025 Thana- Kalyan Bigha District- Nalanda
                 ======================================================
                 Prince Kumar S/O Ranbir Kumar @ Ranvir Yadav Resident Of Village -
                 Kolawan, PS- Kalyan Bigha, Dist.- Nalanda

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    xxx W/O Ranjeet Yadav Resident Of Village - Kalawan, PS- Kalyan Bigha,
                 Dist.- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vibhuti Ranjan Sonvadra
                 For the Opposite Party/s :        Mr.Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   02-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with POCSo

                   Case No. 48 of 2025, arising out of Kalyan Bigha P.S. Case No.

                   19 of 2025, instituted for the offences under Sections 96, 64 of

                   Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO

                   Act.

                               3. Allegation against the petitioner is that he sexually

                   assaulted the victim by giving her allurement of marriage.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.76923 of 2025(3) dt.02-02-2026
                                            2/3




          victim left the house on 02.08.2024 and returned on 20.03.2025

          and informant has lodged this case on 20.03.2025 i.e. after

          seven months of the occurrence. The victim has refused her

          medical examination before the female Doctor of constituted

          Medical Board. The parents of the victim disclosed her age as

          17 years. It has been submitted on behalf of the petitioner that

          the petitioner is in custody since 28.03.2025 and has one

          criminal antecedent.

                      5. Learned A.P.P. for the State 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 stated that she eloped with the petitioner from the

          house and went to Patna where she performed marriage with the

          petitioner. Petitioner after establishing physical relation with her

          started assaulting her and, therefore, the petitioner does not

          deserve to be released on bail. After completion of the

          investigation, Police submitted submitted Charge-sheet under

          Section 96, 64, 65(1) of Bharatiya Nyaya Sanhita, 2023 and

          Section 4/6 of the POCSO Act.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offence, this Court is not

          inclined to grant bail to the petitioner at this stage.
           Patna High Court CR. MISC. No.76923 of 2025(3) dt.02-02-2026
                                                       3/3




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

                     petitioner is, hereby, rejected.

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



                                           (Rudra Prakash Mishra, J)
manish/-

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