Created by Fuzzy Cloud

Patna High Court

Indra Mohan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.