Patna High Court
Shailesh Kumar @ PairuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted given the seriousness of the offence and dismissed the application.
Summary
Shailesh Kumar was arrested in connection with a case registered under Section 65(1) of the B.N.S. and Section 6 of the POCSO Act, alleging that he raped a 12‑year‑old girl. The petitioner applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State opposed the bail on the ground of the seriousness of the alleged offence. The Patna High Court, after hearing both sides, held that the gravity of the alleged rape warranted denial of bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused in a case of alleged rape of a minor under Section 6 of the POCSO Act and Section 65(1) of the B.N.S.
Legislation cited
- B.N.S. — s. 65(1)
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 6
Subjects
- bail
- rape
- minor
- POCSO Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8542 of 2026
Arising Out of PS. Case No.-405 Year-2025 Thana- KOTWALI District- Patna
======================================================
Shailesh Kumar @ Pairu Son of Late Mithlesh Paswan R/V- Kamla Neharoo
Nagar, PS -Kotwali, Dist -Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. X wife of Rajneekant Paswan R/V- Kamla Neharoo Nagar, PS -Kotwali,
Dist -Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Eashita Raj, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kotwali P.S. Case No. 405/2025 registered for the offences
punishable under Section 65(1) of B.N.S. and Section 6 of
POCSO Act.
3. As per the prosecution case, petitioner is accused of
committing rape with a 12-year-old girl.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 16.07.2025. The petitioner undertakes to
Patna High Court CR. MISC. No.8542 of 2026(4) dt.23-04-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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