Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Suraj Kumar, was arrested in connection with a gang rape of a minor under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. He applied for regular bail after being in custody since 31 May 2025. The prosecution presented prima facie evidence indicating his involvement in the serious offence. The Court considered the gravity of the crime and the risk to the victim and public interest. It concluded that granting bail would be inappropriate given the seriousness of the charges. Consequently, the application for regular bail was rejected, with the Court noting that its observations were limited to the bail application and not the merits of the trial.
Issues considered
- Whether regular bail can be granted to the accused in a case of alleged gang rape of a minor under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4/6 of the POCSO Act?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- gang rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- high court
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85926 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Suraj Kumar Son of Mangaljit Kumar @ Mangal Thathera Resident of
Ramhari Pind (Tulsi Gali Guljarbag), P.S.- Rajgir, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar =
2. Miss XX Daughter of Ravi Ranjan Kumar Resident of Village - Satakpur,
P.S.- Bind, District - Nalanda. Presently resident of Backside of Kailash
Ashram, P.S.- Rajgir, District - Nalanda (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh
For the Opposite Party/s : Ms. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 03-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rajgir P.S. Case No. 294 of 2025 registered for the offence
under Sections 70(2) of the Bharatiya Nyaya Sanhita, 2023 and
Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner along
with two other co-accused persons is alleged to have committed
gang rape upon a minor victim.
4. The petitioner is in custody since 31.05.2025. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
Patna High Court CR. MISC. No.85926 of 2025(4) dt.03-04-2026
2/2
indicating his involvement in the commission of the offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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