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Patna High Court

Gulshan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the court found the allegations serious and supported by medical and forensic evidence.

Summary

The petitioner, Gulshan Kumar, was arrested on 1 June 2024 in connection with a rape allegation involving the two‑year‑old daughter of an informant, under Sections 376(A) and 376(B) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. The prosecution presented a medical examination report and a forensic science laboratory (FSL) report supporting the allegation, while the petitioner contended that the charges were fabricated, no spermatozoa were found, and he had no prior criminal record. The petitioner applied for bail, arguing that the case was based merely on suspicion and familial rivalry. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offence and the corroborative medical and forensic evidence. Justice Rajesh Kumar Verma declined the bail application, noting the direct and specific allegations against the petitioner and directing the trial court to expedite the trial. The petition for bail was therefore dismissed.

Issues considered

  • Whether bail should be granted to an accused in a case of alleged rape of a minor under the IPC and POCSO Act, considering the seriousness of the offence and the existence of medical and forensic evidence.

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • IPC
  • POCSO Act
  • medical evidence
  • forensic evidence
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78099 of 2025
                        Arising Out of PS. Case No.-162 Year-2024 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Gulshan Kumar Son of Mohan Ray Resident of Village - Bhupbhairo, Police
                 Station - Sitamarhi, District - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Chanchla Devi Wife of Vikki Ray R/o Village - Ramnagar Virta, Police
                 Station - Riga, District - Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashutosh Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-01-2026                           Heard Mr. Ashutosh Kumar Mishra, learned

                   counsel for the petitioner and Mr. Ajay Kumar No.2, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.06.2024 in connection with Riga P.S. Case No. 162 of 2024,

                   F.I.R. dated 30.05.2024 for the offences punishable under

                   Sections 376(A)(B) of the Indian Penal Code and Section 4/6 of

                   the POCSO Act.

                               3. According to prosecution case, this petitioner has

                   committed rape of 2 year old daughter of the informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.78099 of 2025(2) dt.15-01-2026
                                            2/3




          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. He further submits that the

          informant is not the eye witness of the alleged occurrence and

          the petitioner has been made accused merely on the basis of

          suspicion. Apart from the aforesaid, there is no record to suggest

          that the spermatozoa of the petitioner was found at the private

          part of the alleged victim girl while she was medically examined

          on the same day. He has been made accused because he is

          brother-in-law of Dipu Ray who is agnate of the informant.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner and

          submits that there is very serious allegation against the

          petitioner in the F.I.R that he has committed rape of 2 year old

          daughter of the informant. The medical report as well as F.S.L

          report also supports the case of the prosecution. The charge has

          been framed against the petitioner and the trial is going on.

          There is direct and specific allegation of rape against the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          that there is direct and specific allegation against the petitioner

          that he has committed rape of 2 year old daughter of the
            Patna High Court CR. MISC. No.78099 of 2025(2) dt.15-01-2026
                                                        3/3




                      informant supported by the medical as well as F.S.L report, I am

                      not inclined to enlarge the petitioner on bail in connection with

                      Riga P.S. Case No. 162 of 2024 pending in the court of learned

                      District & Additional Sessions Judge-IV-cum-Exclusive Special

                      Judge (Rape & POCSO Act), Sitamarhi.

                                   7. Prayer is refused.

                                   8. However, learned Trial Court is directed to expedite

                      and conclude the trial at the earliest.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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