Patna High Court
Kisan Kumar @ Prabhat Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Kisan Kumar was arrested on 8 September 2025 in connection with a case alleging that he entered a house and molested his minor niece, offences charged under Sections 75 and 76 of the Bharatiya Nyay Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The petitioner claimed a clean antecedent and argued that the allegations were false, noting that the victim’s statement under Section 183 of the Bharatiya Nyay Sanhita did not mention rape and that the medical report did not support the charge. The prosecution opposed bail. The High Court, after considering the clean antecedent and the lack of a rape allegation in the victim’s statement, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order also stipulated cancellation of the bond for non‑compliance with the conditions.
Issues considered
- The appropriateness of granting bail to the accused in a POCSO case involving alleged molestation of a minor.
- Whether the victim’s statement under Section 183 of the Bharatiya Nyay Sanhita, which does not allege rape, affects the bail decision.
- Whether the petitioner’s clean antecedent and lack of supporting medical evidence justify bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 75, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- POCSO
- sexual offences
- minor
- clean antecedent
- bail conditions
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90253 of 2025
Arising Out of PS. Case No.-285 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Kisan Kumar @ Prabhat Kumar Ranjan S/o Dayanand Gandhi R/o Village -
Khurhuriya, P.S - Kargahar, District - Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Kamlesh Kumar R/o Village - Khurhuriya, P.S - Kargahar, District -
Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 18-04-2026 Heard Mr. Rajani Kant Singh, learned counsel for
the petitioner as well as Mr. Mritunjay Kumar Nirala, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.09.2025 in connection with Kargahar P.S. Case No.
285/2025, F.I.R. dated 07.09.2025 for the offences punishable
under Sections 75 and 76 of the Bharatiya Nyay Sanhita, 2023
and Sections 8 and 12 of the POCSO Act.
3. According to prosecution case, the petitioner is
alleged to have entered the house of the informant and molested
her minor neice.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90253 of 2025(5) dt.18-04-2026
2/3
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated and has committed no
offence as alleged in the FIR. Learned counsel submits that
except molesting there is no allegation that the petitioner has
committed rape with her. Apart from that the victim’s statement
under Section 183 of the B.N.S.S. was recorded in which she
has not stated any thing about the rape and medical report does
not support the allegation as levelled in the FIR. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
08.09.2025.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim in her statement
recorded u/s 183 of the B.N.S.S. has not levelled any allegation
of rape against the petitioner, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-VI cum Exclusive Special Court (POCSO), Rohtas at
Patna High Court CR. MISC. No.90253 of 2025(5) dt.18-04-2026
3/3
Sasaran in connection with Kargahar P.S. Case No. 285/2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
Checking your session…