Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Rakesh Kumar, was arrested on 5 August 2025 in connection with a POCSO case alleging kidnapping of a minor using intoxicants. The prosecution alleged offences under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023, while the petitioner claimed a clean antecedent and that the victim’s statement under Section 164 Cr.P.C did not support the charges. The victim’s statement and medical report were presented as evidence that the allegations were false and fabricated. The Additional Public Prosecutor opposed bail, but the court noted the petitioner’s clean record and lack of victim support. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the accused in a POCSO case under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023, considering the victim’s non‑support and the petitioner’s clean antecedent.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 96
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- POCSO
- kidnapping
- child protection
- Bharatiya Nyay Sanhita
- Criminal Procedure Code
- Section 137
- Section 96
- victim statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84497 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Rakesh Kumar S/O Durga Ram Resident Of Village - Rupwada Rupauli,P.S-
Karja, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sumitra Devi W/O Balendra Ram Resident Of Village - Gosai Chhapra,P.S-
Saraiya, Dist.- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Despite of entered appearance through Vakalatnama,
no one appeared on behalf of Opposite Party No.2.
2. Heard Mr. Manoj Kumar, learned counsel for the
petitioner as well as Mr. Anil Kumar Singh No. 1, learned
Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
05.08.2025 in connection with POCSO Case No. 262 of 2025
arising out of Jaitpur P.S. Case No. 143 of 2025, F.I.R. dated
10.08.2025 for the offences punishable under Sections 137(2),
96 of the Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, it is alleged that the
petitioner along with other accused persons kidnapped the
Patna High Court CR. MISC. No.84497 of 2025(3) dt.31-01-2026
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daughter of the informant on point of arms using intoxicating
substance.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Infact the petitioner was in
love with the victim girl and statement of the victim was
recorded under Section 164 Cr.P.C/183 BNSS, in which she has
not supported the case of the prosecution and apart from that
medical report also does not support the allegations in the FIR
and the petitioner is in custody since 05.08.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim did not support
the case of the prosecution, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge-
VII-cum-Exclusive Special Court (POCSO-II), Muzaffarpur in
connection with Jaitpur P.S. Case No. 143 of 2025, subject to
the following conditions:-
Patna High Court CR. MISC. No.84497 of 2025(3) dt.31-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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