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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court declined to grant bail and dismissed the petitioner's bail application.

Summary

The petitioner, Jitendra Kumar, was charged in a POCSO case for raping a child, alleged under IPC sections 376, 511, 379 and POCSO Act sections 4 and 6. He sought regular bail, arguing that the trial was delayed, with only six of eighteen witnesses examined since his custody began on 8‑12‑2024. The court noted that the victim had supported the prosecution’s case. Considering the seriousness of the offences and the victim’s stance, the court was not inclined to grant bail. The bail application was dismissed, with the court indicating that the petitioner could re‑apply if the delay was attributable to the prosecution, and clarified that the order was limited to the bail application and did not prejudice the trial’s merits.

Issues considered

  • Whether bail should be granted to an accused in a POCSO case involving rape of a child despite trial delays.
  • Whether the delay in examination of witnesses justifies the grant of regular bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • rape
  • child sexual abuse
  • trial delay
  • IPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88709 of 2025
                       Arising Out of PS. Case No.-399 Year-2024 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Jitendra Kumar Son of Late Rajkumar Prasad Resident of Village - Kewali,
                 P.S. - Karande, District - Sheikhpura (Bihar), At Presently resident of Nearby
                 Jasidih Railway Station ,Birla cement roofing factory, P.S. - Jasidih, District -
                 Deoghar(Jharkhand).

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X Son of Y Resident of Village-Belauwa, P.S.- Rajgir, Distt.- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar Saxena
                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                     2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with POCSO Case No. 144 of

                   2024 arising out of Rajgir P.S. Case No. 399 of 2024 registered

                   for the offence under Sections 376, 511, 379 of the Indian Penal

                   Code and under Sections 4/6 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   accused of committed rape with a child.

                                   4. Learned counsel for the petitioner has submitted

                   that the trial is being delayed as only six witnesses have been

                   examined out of 18 witnesses and the petitioner is in custody
          Patna High Court CR. MISC. No.88709 of 2025(4) dt.16-04-2026
                                                      2/2




                    since 8.12.2024.

                                    5. From the perusal for the impugned order, it

                    appears that the victim has supported the prosecution case.

                                    6. Considering the aforesaid facts, this Court is not

                    inclined to grant bail to the petitioner.

                                    7.    Accordingly, this application is dismissed. If

                    the trial is delayed because of the fault of the prosecution side

                    then the petitioner may renew his prayer for bail.

                                    8. 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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