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Patna High Court

Saurav Kumar @ Mutur @ MukulversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner.

Summary

The petitioner, Saurav Kumar, was arrested in connection with a case registered under Bypass Police Station (Case No. 31 of 2025) and a special POCSO case (No. 38 of 2025) for alleged rape of a 12‑year‑old girl, invoking Sections 137(2), 64, 351(3) of the BNS and Section 4 of the POCSO Act. He has been in custody since 28 January 2025 and applied for bail. The court examined the seriousness of the alleged offences, particularly the sexual assault of a minor, and considered the duration of his detention. Concluding that the nature of the crime warranted continued detention, the court declined to grant bail. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged rape of a minor under the POCSO Act and other sections of the BNS.

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • POCSO Act
  • serious offence
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88053 of 2025
                         Arising Out of PS. Case No.-31 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Saurav Kumar @ Mutur @ Mukul S/o- Rambabu Paswan R/O- Salimpur
                 Bihta PS-Bypass, Dist- Patna, A/P- Bahari Dhawalpura Chalnipar Ps- Bypass
                 Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    XXX W/O XXX R/O Daxhini Gali Gaighat, P.S.- Alamganj, District- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nityanand Kumar
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State. Counter affidavit has been filed in this case.

                                   2. The petitioner seeks bail in connection with

                   Bypass P.S. Case No. 31 of 2025 / Special POCSO Case No. 38

                   of 2025 registered for the offence under Sections 137(2), 64,

                   351(3) of the BNS and under Section 4 of the POCSO Act. .

                                   3. As per the prosecution case, the petitioner is

                   said to have committed rape with a 12 year old girl.

                                   4. The petitioner is in custody since 28.01.2025.

                                   5. Considering the seriousness of the offence, this

                   Court is not inclined to grant bail to the petitioner.

                                   6. Accordingly, this application is dismissed.
          Patna High Court CR. MISC. No.88053 of 2025(5) dt.09-04-2026
                                                      2/2




                                    7. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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