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Patna High Court

Chintu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner.

Summary

The petitioner, Chintu Kumar, was charged under Section 64(1) of the Bihar Narcotic Substances Act, 2023 and sections 4 and 6 of the POCSO Act for allegedly raping a mentally unstable minor girl. The victim’s statement was recorded by the magistrate under Section 183 of the BNSS, supporting the allegation. The petitioner claimed innocence and sought regular bail, while the State opposed the bail application, highlighting the seriousness of the offence and the petitioner’s prior criminal antecedent. The court examined the nature of the accusation, the victim’s recorded statement, and the petitioner’s existing criminal record. Considering these factors, the court concluded that granting regular bail would be inappropriate. Consequently, the application for regular bail was rejected.

Issues considered

  • Whether regular bail can be granted to an accused under Section 64(1) of the BNSS, 2023 and sections 4/6 of the POCSO Act in a case involving alleged rape of a minor.
  • Whether the petitioner’s prior criminal antecedent and the victim’s statement under Section 183 BNSS preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • POCSO Act
  • sexual offences
  • minor
  • criminal antecedent
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88223 of 2025
                 Arising Out of PS. Case No.-733 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Chintu Kumar S/O Shyam Babu Sharma R/O Village- Dhelwa, P.S-
                 Ramkrishna Nagar, Distt.- Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    XXXX D/O Prabhat Kumar Singh @ Vijay Kumar R/O Village- Dhelwa,
                 P.S- Ramkrishna Nagar, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Jay Ram Prasad, APP
                 For the Opposite Party/s :     Mr. Madhura Nand Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Ramkrishna Nagar P.S. Case No. 733 of 2025 registered for the

                   offence under Section 64(1) of the B.N.S., 2023 u/s 4/6 of the

                   POCSO Act.

                                3. The petitioner is accused of committing rape with a

                   mentally unstable minor girl. The victim girl has supported the

                   allegation against the petitioner in her statement recorded by the

                   Magistrate u/s 183 of BNSS.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.
            Patna High Court CR. MISC. No.88223 of 2025(4) dt.02-04-2026
                                                        2/2




                      Petitioner has one criminal antecedent and he is on bail in that

                      case. Petitioner is in custody since 03.09.2025

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and the nature of allegation against the petitioner and

                      statement of the victim recorded u/s 183 BNSS, this application

                      for grant of regular bail is rejected.


                                                 (Sandeep Kumar, J)

Ranjeet/-

U      T


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