Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner, finding the nature and gravity of the offences warrant continued custody.

Summary

Rahul Kumar was arrested in connection with a case alleging rape, wrongful restraint, hurt, insult and common intention under Sections 376, 341, 323, 504 and 34 of the IPC, and Sections 4 and 6 of the POCSO Act. The petitioner sought bail after an earlier anticipatory bail application had been rejected. He claimed innocence, citing a 41‑day delay in filing the FIR, lack of medical corroboration, and no prior criminal record. The State argued that the victim is a minor, her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita supports the prosecution, and the allegations are specific and serious. The Court, considering the gravity of the offences and the risk of tampering, refused bail and directed the trial court to expedite the trial.

Issues considered

  • Whether bail should be granted in a case involving alleged rape of a minor under the POCSO Act and other serious IPC offences
  • Whether the delay in lodging the FIR and lack of medical evidence justify bail

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • minor
  • anticipatory bail
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79680 of 2025
                 Arising Out of PS. Case No.-434 Year-2024 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Rahul Kumar S/o- Upendra Prasad Resident of Village- Karamawa Ward no
                 7, P.s.- Majhauliya, District- West Champaran


                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    x D/o- Mukesh Kumar R/v- Karamawa W.No-7, Ps- Majhauliya Dist- West
                 Champaran


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mayank Mohan, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, APP
                 For the Informant        :      Mr. Adarsh Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-03-2026                         Heard learned counsel for the petitioner, learned

                   APP for the State, learned counsel for the informant and perused

                   the case diary.

                                2. The petitioner seeks bail in connection with

                   Majhaulia P.S. Case No. 434 of 2024, instituted for the offences

                   punishable under Sections 376, 341, 323, 504, 34 of the Indian

                   Penal Code and Section 4/6 of the POCSO Act.

                                3. Earlier, anticipatory bail of the petitioner has been

                   rejected by a co-ordinate Bench of this Court vide order dated

                   11.02.2025 passed in Cr. Misc. No. 6127 of 2025.
Patna High Court CR. MISC. No.79680 of 2025(3) dt.13-03-2026
                                            2/3




                       4. The prosecution case, in short, is that the petitioner

          established physical relationship with the informant (victim) on

          the pretext of marriage.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the petitioner also submits that there is

          delay of 41 days in lodging the FIR. It is next submitted that

          there was love affair between the informant and the petitioner

          and for this reason the petitioner has been falsely implicated in

          this case. It is further submitted that the medical report of the

          informant does not corroborate with the prosecution case. The

          petitioner is in custody since 19.09.2025 and has got no criminal

          antecedent.

                       6. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the petitioner. It is also submitted that the victim is minor

          and she has supported the prosecution case in her statement

          recorded under Section 183 of the Bharatiya Nagarik Suraksha

          Sanhita. It is further submitted that there is specific allegation

          levelled against the petitioner. Hence, the petitioner does not

          deserve the privilege of bail.
             Patna High Court CR. MISC. No.79680 of 2025(3) dt.13-03-2026
                                                         3/3




                                    7. Considering the aforesaid facts and circumstances

                       of the case, nature of accusation and the gravity of the offence,

                       this Court is not inclined to grant bail to the petitioner.

                                    8. The prayer is rejected. The trial Court is directed to

                       expedite the Trial.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.