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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner.

Summary

Anand Kumar applied for regular bail in a case registered under Sections 96 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act, alleging kidnapping and alleged rape of a minor who was also said to be carrying Rs. 40,000. The petitioner claimed innocence, no prior criminal record, and that a compromise petition had been filed by the informant. The State opposed bail, relying on the victim’s statement and a medical report indicating the victim, a minor of about 17‑18 years, alleged rape by the petitioner. After hearing both sides, the High Court declined to grant bail, directing the petitioner to renew the application after six months and ordering the trial court to expedite the trial under Section 35 of the POCSO Act. The bail petition was therefore rejected.

Issues considered

  • Whether bail should be granted to the petitioner in offences under the B.N.S., 2023 and the POCSO Act.
  • Whether the victim’s statement and medical report constitute sufficient ground to deny bail.
  • Whether the trial must be expedited under Section 35 of the POCSO Act.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • minor
  • POCSO Act
  • criminal procedure
  • compromise petition
  • expedited trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79868 of 2025
                   Arising Out of PS. Case No.-151 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Anand Kumar Son of Arun Kumar Mahto @ Arun Mahto Resident Of Village
                 -Shyampur Baithaniya, Ps -Majhauliya, Dist -West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Lal Mati Devi Wife of Rakesh Mahto Resident of village- Sugaodih, Po and
                 Ps- Sugauli, dist- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pravin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sugauli P.S. Case No. 151 of 2025 registered for the

                   offence punishable under Sections 96, 3(5) of the B.N.S., 2023

                   and Section 8 of the POCSO Act.

                                3. The case of the prosecution in short is that the

                   minor daughter of the informant was kidnapped by the

                   petitioner and others. It is also alleged that the victim was

                   carrying Rs. 40,000/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.79868 of 2025(5) dt.25-02-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. He also submits that after knowing the truth, the informant

          has filed a compromise petition. He further submits that a

          statement has been made in para 3 of the petition that petitioner

          has no criminal antecedent and he is languishing in judicial

          custody since 01.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that from perusal of the statement of

          the victim, it is clear that the victim has specifically stated that

          this petitioner has committed wrong act with her in the room. As

          per the medical examination report, the victim is a minor, and

          from perusal of the medical examination report of the victim,

          she was aged about 17-18 years. The victim has stated before

          the medical board also that she was being raped by this

          petitioner, though the board has not given any objective finding

          regarding rape.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          not inclined to enlarge the petitioner on bail at this stage,

          however, he may renew his prayer for bail after six months.

                       7. Accordingly, the prayer for regular bail of the

          petitioner is hereby rejected.
           Patna High Court CR. MISC. No.79868 of 2025(5) dt.25-02-2026
                                                       3/3




                                  8. The learned trial court is directed to expedite the

                     trial so as to conclude the same in the time limit as provided

                     under Section 35 of the POCSO Act.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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