Patna High Court
Indra Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner given the seriousness of the offences and the victim's statement and witness testimony.
Summary
Indra Mohan Kumar was arrested for kidnapping and alleged rape of a minor, with the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita (BNSS) and two trial witnesses supporting the charge. The petitioner applied for regular bail, having been in custody since 16 August 2025. The court examined the seriousness of the offences under BNSS and the POCSO Act, the victim’s corroborated testimony, and the presence of multiple witnesses. Considering these factors, the court found the case not suitable for regular bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail can be granted to an accused of kidnapping and rape under the Bharatiya Nyaya Sanhita and the POCSO Act
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 142, 3(5), 61, 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 18, 4, 6, 8
Subjects
- regular bail
- kidnapping
- rape
- Bharatiya Nyaya Sanhita
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86054 of 2025
Arising Out of PS. Case No.-349 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Indra Mohan Kumar S/O Umesh Singh R/O Village- Asurar, Tola Mujauna,
P.S- Alauli, Distt.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXXX S/O Chito Malakar R/O Village- Mujauna, P.S- Alauli, Distt.-
Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupesh Kumar Singh
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Alauli P.S. Case No. 349 of 2025 registered for the offence
under Sections 142, 87, 96, 110, 61 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 4, 6, 8 and 18 of the POCSO
Act.
3. The petitioner is accused of kidnapping the victim
girl. The victim in her statement recorded under Section 183
BNSS has supported the allegation of rape against the petitioner
and in the trial two witnesses have been examined. The
petitioner is in custody since 16.08.2025.
Patna High Court CR. MISC. No.86054 of 2025(4) dt.25-03-2026
2/2
4. Considering the aforesaid facts, this Court is not
inclined to grant regular bail to the petitioner. Accordingly, this
application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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