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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                   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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