Patna High Court
Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act, 2023 — s. 183, 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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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