Patna High Court
Ashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner, upholding the earlier order of refusal.
Summary
The petitioner, Ashutosh Kumar, was charged under Sections 376, 504, 506 of the Indian Penal Code and Section 6 of the POCSO Act for alleged rape of a minor. He filed a second bail application after an earlier bail request was rejected. The prosecution alleged serious offences involving a minor, and the court considered the gravity of the charges. The High Court, noting the seriousness and the need for a speedy trial, declined to grant bail and upheld its earlier order. The court also directed the Superintendent of Police to ensure witness attendance and expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged rape of a minor under IPC and POCSO provisions.
Legislation cited
- Indian Penal Code — s. 376, 504, 506
- Protection of Children from Sexual Offences (POCSO) Act — s. 6
Subjects
- bail
- rape
- minor
- POCSO Act
- Indian Penal Code
- high court
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85418 of 2025
Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA P.S. District- Lakhisarai
======================================================
Ashutosh Kumar S/o Jitendra Sharma R/o Village- Matadih, PS- Dharhara,
Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kumar, Advocate
For the State : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The defect(s) is ignored.
3. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Mahila P.S. Case
No. 35 of 2023 registered for the offence under Sections 376,
504, 506 of the Indian Penal Code and Section 06 of POCSO
Act.
4. Earlier the bail application of the petitioner has
been rejected vide order dated 16.10.2023 passed in Cr. Misc.
No. 66270 of 2023, which reads as under:
“Heard learned counsel appearing on
behalf of the petitioner and learned APP
appearing on behalf of the State.
2. Let the defect(s), if any, be removed
within a period of four weeks from today.
Patna High Court CR. MISC. No.85418 of 2025(2) dt.09-02-2026
2/2
3. The petitioner seeks bail in
connection with Mahila P.S. Case No. 35 of
2023 registered for the offence under Sections
376, 504, 506 of the Indian Penal Code and
Section 06 of POCSO Act.
4. As per the prosecution case, the
petitioner is alleged to have committed rape
with a minor girl.
5. In view of the serious allegations
levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, the prayer of bail of
the petitioner is rejected herewith.
7. The Court below is directed to
expedite the trial.”
5. Considering the gravity of the offence, I am not
inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. The Superintendent of Police, Lakhisarai is directed
to ensure the appearance of the witnesses in the trial so that the
trial is not delayed.
8. Let a copy of this order be communicated to the
Superintendent of Police, Lakhisarai forthwith through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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