Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 376, 379, 511
- Protection of Children from Sexual Offences Act — s. 4, 6
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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