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Patna High Court

Akshay Kumar @ Akshay ManjhiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner at this stage, with permission to re‑apply after six months if the trial is not concluded.

Summary

The petitioner, Akshay Kumar, was charged under Section 65(2) of the B.N.S., 2023 and Sections 4 and 8 of the POCSO Act for allegedly raping a minor girl in her house. He applied for bail, claiming innocence, lack of criminal antecedents, and alleging inconsistencies in the victim's statements recorded under Sections 180 and 183 of the B.N.S. The State opposed bail, highlighting the medical report showing a ruptured hymen and the direct allegation of rape. The Court noted the seriousness of the POCSO offences and the need for a speedy trial, and therefore refused bail at this stage, allowing the petitioner to re‑apply after six months if the trial remains pending. The Court also directed the trial court to expedite the proceedings under Section 35 of the POCSO Act.

Issues considered

  • Whether bail should be granted to an accused of offences under the POCSO Act and B.N.S.
  • Whether the delay in filing the FIR and alleged inconsistencies in the victim's statements affect the bail decision
  • Whether medical evidence indicating a ruptured hymen justifies denial of bail

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • POCSO Act
  • medical evidence
  • FIR delay
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84908 of 2025
                 Arising Out of PS. Case No.-183 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Akshay Kumar @ Akshay Manjhi S/O Jitendra Manjhi R/O Village-
                 Sidhwalia, P.S- Mohammadpur, District- Gopalganj.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    'X' D/O Sachidanand Manjhi R/O Village- Sidhwalia, P.S- Mohammadpur,
                 Distt.- Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Anirudh Kumar Verma, Advocate
                                                Mr. Vyas Kumar Mishra, Advocate
                 For the Opposite Party/s :     Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   17-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Mohammadpur P.S. Case No. 183 of 2025 registered for

                   the offence punishable under Section 65(2) of the B.N.S., 2023

                   and Sections 4, 8 of the POCSO Act.

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

                   petitioner entered the house of the informant, who is a minor

                   girl, while she was alone and committed rape with her.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.84908 of 2025(5) dt.17-03-2026
                                            2/3




          case, no such occurrence has taken place. He also submits that

          during the course of the investigation, the victim has given her

          statement recorded under Sections 180 and 183 of the BNSS. In

          her statement recorded under Section 180 of the BNSS, she

          stated that the petitioner entered her house on the pretext of

          demanding chili powder and after that closed the door from

          inside and committed rape and in her statement recorded under

          Section 183 of the BNSS, she also stated the same thing. He

          also submits that in the FIR, it is stated that the petitioner

          entered the house and committed rape, whereas during the

          investigation, this story has been developed that the petitioner

          entered on the pretext of demanding chili powder. Moreover, 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 31.08.2025.

                       5. The application for bail is opposed by the learned

          APP for the State and submits that the FIR is not the

          encyclopedia of the case of the prosecution and the victim has

          only explained the case and has not developed it and from

          perusal of the medical examination report also, it transpires that

          the doctor conducting the medical examination of the victim has

          found the hymen not intact, though there was no external injury
           Patna High Court CR. MISC. No.84908 of 2025(5) dt.17-03-2026
                                                       3/3




                     over the personal area. The learned APP further submits that

                     there is a direct allegation against this petitioner of entering into

                     the house and committing rape with the victim.

                                  6. Learned counsel for the petitioner submits that

                     there is a delay in filing of the FIR, but countering this, the

                     learned APP for the State submits that it is a case of village

                     background and this delay has been caused as the father of the

                     informant was not at home.

                                  7. 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, the petitioner will be at liberty to renew his prayer for

                     bail after six months if the trial is not concluded in the said

                     period.

                                  8. Learned trial court is directed to expedite the trial

                     in view of the Section 35 of the POCSO Act and conclude the

                     same in the prescribed period.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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