Patna High Court
Mithu Kumar @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioners as the victim, a minor, had specifically named them in her statement and the offences are of a serious nature.
Summary
The petitioners, Raja Kumar and Mithu Kumar, were arrested in connection with a case alleging the abduction and gang‑rape of a minor girl, charged under several sections of the Bihar Negotiable Substances Act and Sections 4 and 6 of the POCSO Act. They applied for bail, claiming false implication, that the victim was actually 19 years old, and that no medical or forensic report was on record. The State opposed bail, emphasizing that the victim, a minor, had specifically named the petitioners in her statements under Section 183 of the Bihar Negotiable Substances Act. The Court, considering the seriousness of the offences, the victim’s minority, and the specific identification of the accused, refused to grant bail. The applications were dismissed and the trial was directed to proceed without unnecessary adjournments.
Issues considered
- Whether bail can be granted to accused persons in a case involving kidnapping, gang‑rape and offences under the POCSO Act.
- Whether the provisions of the POCSO Act apply when the alleged victim’s age is contested.
- Whether the victim’s statement naming the accused suffices to deny bail.
Legislation cited
Subjects
- bail
- gang rape
- kidnapping
- POCSO Act
- minor
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66231 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Raja Kumar S/O Rambabu Pandit R/O Village- Salempur, P.S.- Rampur Hari,
District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Brahmdev Sah S/O Late Faguni Shah R/O Village- Salempur, P.S.- Rampur
Hari, District- Muzaffarpur
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 82259 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Mithu Kumar @ Mithun Kumar S/O Sunindra Sah @ Sumindra Sah R/O
Village- Salempur, P.S.- Rampurhari, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O late Faguni Sah R/O Village- Salempur, P.S.- Rampurhari, District-
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 66231 of 2025)
For the Petitioner/s : Mr.Niranjan Parihar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 82259 of 2025)
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 24-02-2026 Both the cases are heard together as they arise out of
common Rampurhari P.S. Case No. 97 of 2025.
2. Heard learned counsel for the petitioners and learned
APP for the State.
Patna High Court CR. MISC. No.66231 of 2025(6) dt.24-02-2026
2/3
3. The petitioners seek bail in a case registered for the
offence punishable under Sections 126 (2), 115 (2), 137 (2), 70 (1),
351 (2) (3) and 3 (5) of B.N.S and Section 4/6 of POCSO Act.
4. As per the prosecution case, petitioners along with other
co-accused persons is alleged to have abducted minor daughter of the
informant and committed gang rape on her and also threatened her of
dire consequences.
5. Learned counsel for the petitioner submits that the
petitioners have falsely been implicated in the present case and the
provision of POCSO Act would not be applicable as according to the
statement of the victim girl she is aged about 19 years and the
medical examination report of the victim is not on record. Petitioners
are in custody since 15.05.2025 with no criminal antecedent. Neither
the medical examination report nor the forensic report of the
petitioners is on record.
6. Learned APP for the State and learned counsel for the
informant oppose the bail petitions on the ground that the victim is a
minor girl and she has completely supported the case of the
prosecution by specifically naming these petitioners in her statement
both under Sections 180 and 183 of B.N.S.S.
7. Taking into consideration the facts and circumstances of
the case and also considering the fact that the petitioners have been
specifically named by the victim in her statement under Section 183
of the B.N.S.S, this Court is not inclined to grant bail to the
Patna High Court CR. MISC. No.66231 of 2025(6) dt.24-02-2026
3/3
petitioners, the applications are thus rejected.
8. The learned court concerned is, however, directed to
expedite the trial without giving any unnecessary adjournments.
(Soni Shrivastava, J)
vashudha/-
U T
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