Patna High Court
Santu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied bail to the petitioner, holding that the gravity of the kidnapping, molestation and attempted rape allegations under the IPC and POCSO Act precludes the grant of bail.
Summary
The petitioner, Santu Kumar, was accused of kidnapping, molestation and attempted rape of a minor, alleged under IPC sections 341, 342, 354(8), 323, 363, 506, 34 and POCSO Act sections 8 and 12. The FIR dated 31.07.2023 described the abduction, confinement, and assault on the victim, who later gave a statement under Section 164 of the CrPC. The petitioner applied for bail, arguing apprehension of arrest. The court examined the seriousness of the offences, the victim's testimony, and the statutory provisions governing bail for such crimes. Considering the gravity of the allegations and the risk of tampering with evidence, the court rejected the bail application. The petition for bail was therefore dismissed.
Issues considered
- Whether the petitioner is entitled to bail in view of the alleged offences of kidnapping, molestation and attempted rape under the IPC and POCSO Act
- Whether the nature and seriousness of the charges justify denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 34, 341, 342, 354(8), 363, 506
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- kidnapping
- molestation
- attempted rape
- POCSO
- IPC
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78972 of 2025
Arising Out of PS. Case No.-84 Year-2023 Thana- BIND District- Nalanda
======================================================
Santu Kumar S/o Ujjain Raut @ Ranjan Raut @ Ram Ujjain Raut R/o
Village- Bakhra, P.S.- Bind, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o YYY R/o Village- Bakhra, P.S.- Bind, Distt.- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha
For the Opposite Party/s : Mrs.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for offence under Section Sections
341,342,354(8),323,363,506,34 of Indian Penal Code and
Sections 8/12 of the POCSO Act.
3. As per F.I.R., on 31.07.2023 at about 9:00 AM,
informant’s daughter had left her home to go to school then this
petitioner along with other co-accused abducted her. After
searching for the whole day, when there was a ruckus in the
village, the victim was left in the village at about 11:00 PM and
from the statement of the victim, it appears that she was
molested by all the four accused persons including this
petitioner and there was injury on her face.
Patna High Court CR. MISC. No.78972 of 2025(2) dt.09-02-2026
2/2
4. The victim, in her statement recorded under Section
164 Cr.P.C., has stated that this petitioner kidnapped her and
took her to Joghan Bigha, confined her after tying her hands &
legs and thereafter, forcibly attempted to commit rape.
5. Considering the nature of accusation, the prayer
for bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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