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Patna High Court

Suraj Kumar @ KalluversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for regular bail was dismissed, and the petitioner was not released on bail.

Summary

Suraj Kumar, the petitioner, was charged under multiple sections of the BNS and Sections 4 and 6 of the POCSO Act for allegedly raping his 10‑year‑old grand‑daughter. He applied for regular bail, claiming innocence and alleging political motives behind the delayed FIR. The State and the informant’s counsel opposed bail, citing the victim’s statement recorded under Section 183 of the BNSS and alleged threats made by the petitioner. The trial court’s report indicated that the trial was nearing completion with most witnesses examined. Considering the seriousness of the alleged offences, the victim’s testimony, and the pending trial, the High Court refused to grant bail.

Issues considered

  • Whether bail should be granted in a case of alleged rape of a minor under the POCSO Act and related BNS provisions.
  • Whether the delay in filing the FIR and alleged political motives affect the grant of bail.

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • POCSO
  • criminal procedure
  • victim statement
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85663 of 2025
                        Arising Out of PS. Case No.-325 Year-2024 Thana- DESARI District- Vaishali
                 ======================================================
                 Suraj Kumar @ Kallu S/O Sanjay Mahto Resident of Village- Sahdai Buzurg,
                 Police Station- Sahdai, District-Vaishali (Bihar).

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Urmila Devi Wife of Late Garibnath Mahto Resident of Village- Sahdai
                 Buzurg, Police Station- Sahdai, District-Vaishali (Bihar).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar, Adv.
                 For the State            :        Mr. Navin Kumar Pandey, APP
                 For the Informant        :        Ms. Akanksha Malviya, Adv. (PHLSC)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

5   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Desari P.S. Case No.

                   325 of 2024 registered for the offences punishable under

                   Sections 65(2), 352, 351(2), 351(3) and 3(5) of the BNS read

                   with Sections 4 and 6 of the POCSO Act.

                                 3. As per the prosecution story, the informant has

                   alleged that the petitioner has committed rape with her grand-

                   daughter who is aged about 10 years on the pretext of playing

                   hide and seek.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.85663 of 2025(5) dt.01-04-2026
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          petitioner is innocent and has falsely been implicated in this

          fabricated case due to ulterior motive and dirty village politics.

          From bare perusal of F.I.R., it is apparent that the alleged

          occurrence took place on 29.08.2024 but the said F.I.R. was

          lodged on 20.09.2024 after delay of about 22 days, which

          clearly shows malafide intention of the prosecution. Petitioner is

          in custody since 11.12.2024 and a statement has been made in

          para 3 of the bail application that petitioner has clean

          antecedent.

                       5. Learned A.P.P. appearing on behalf of the State as

          well as Ms. Akanksha Malviya, learned counsel appearing on

          behalf of informant, on the instruction of Patna High Court

          Legal Services Committee, have vehemently opposed the prayer

          for bail of the petitioner.

                       6. In case diary, statement of the victim recorded

          under Section 183 of BNSS has been annexed in which she has

          categorically stated about the manner in which the alleged

          occurrence took place. It has also come that petitioner

          threatened her to kill if she disclosed about this occurrence to

          anyone.

                       7. In compliance of the order dated 02.02.2026, the

          report of learned trial court has been received in which it is
           Patna High Court CR. MISC. No.85663 of 2025(5) dt.01-04-2026
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                     mentioned that trial is likely to be concluded in four months and

                     most of the witnesses have been examined.

                                  8. Having regard to the aforesaid facts, the gravity of

                     the offence, and the report of the learned Trial Court, this Court

                     is not inclined to enlarge the petitioner on bail. Accordingly, the

                     prayer for bail is rejected.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U      T


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