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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions.

Summary

The petitioner, Sachin Kumar, was arrested in connection with the alleged rape and subsequent death of a minor girl, the daughter of an informant, under Sections 103(1), 70(2), 66 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution relied on circumstantial evidence, call‑detail records showing the petitioner’s contact with a co‑accused, and confessional statements of the co‑accused and the petitioner, though no DNA report was on record. The petitioner argued that he was falsely implicated, that the confessional statements did not directly accuse him of rape, and that he had a clean antecedent. The court considered the nature of the allegations, the material evidence, the petitioner’s clean record, and the period of custody, and decided that bail could be granted with conditions. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted in a case of alleged rape and death of a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
  • Whether the existing evidence – confessional statements, call‑detail records, and lack of DNA report – justifies denial of bail.
  • Whether the petitioner’s clean antecedent and the period of custody warrant bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • Bharatiya Nyaya Sanhita
  • confessional statement
  • circumstantial evidence
  • minor
  • DNA test

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90400 of 2025
                 Arising Out of PS. Case No.-121 Year-2025 Thana- MAINATAND District- West Champaran
                 ======================================================
                 Sachin Kumar S/O Dinesh Paswan R/O - Thakur Tola, Ward No.-03, P.S.-
                 Lauriya, District- West Champaran at Bettiah

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X S/o Y R/O Vill.- Langadi (Bastha),P.S- Mainatand,Dist- West Champaran,
                 Bettiah

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Y. V. Giri, Sr. Advocate
                                                 Mr. Devashish Giri, Advocate
                                                 Mr. Sumit Kumar, Advocate
                 For the State           :       Mr. Rana Randhir Singh, APP
                 For the O.P. No. 2      :       Mr. Avinash Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   20-02-2026                   Heard learned senior counsel appearing on behalf of

                   the petitioner and learned counsel for the opposite party no.

                   2/informant as well as learned APP for the State.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Mainatand P.S. Case No. 121 of 2025 registered

                   for the alleged offences under Sections 103(1), 70(2), 66 r/w

                   3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 & 6 of the

                   POCSO Act.

                                 03. As per prosecution case, the informant/opposite

                   party no. 2 received a phone call regarding his minor daughter

                   being admitted in GMCH. The informant reached there and
Patna High Court CR. MISC. No.90400 of 2025(3) dt.20-02-2026
                                            2/4




          found his daughter to be unconscious and on inquiry, he came to

          know that 2-3 boys committed rape with his daughter and left

          her in unconscious state at the hospital and fled away.

          Subsequently, daughter of the informant died. The name of the

          petitioner transpired during investigation for being involved in

          the said occurrence.

                       04. Learned senior counsel for the petitioner submits

          that the petitioner is innocent and has been falsely implicated in

          this case. The whole case is based on circumstantial evidence

          and the confessional statement of co-accused and also the

          confessional statement of the petitioner. But, even from the

          confessional statements, there is no allegation that the petitioner

          committed rape with the deceased girl. The petitioner has been

          roped in the present case on the basis of his call details report as

          he was in regular touch with co-accused, Bholu Kumar, but the

          same is quite natural as Bholu Kumar is one of the friends of the

          petitioner. Learned senior counsel further submits that even in

          the confessional statement of co-accused, Bholu Kumar, it has

          only come that the petitioner helped him by giving money for

          booking a room in a hotel and the co-accused entered into

          sexual act with the minor girl of the informant and she started

          bleeding and subsequently, she was taken to hospital and where
Patna High Court CR. MISC. No.90400 of 2025(3) dt.20-02-2026
                                            3/4




          she died. Learned senior counsel further submits that no DNA

          test report has come on record to show the involvement of the

          petitioner. Even charge-sheet has been submitted in most

          mechanical manner. The petitioner is a 21 years old boy having

          clean past and he is a student. The petitioner is in custody since

          22.06.2025 and charge-sheet has been submitted.

                       05. Learned counsel for the informant/opposite party

          no. 2 as well as learned APP for the State vehemently oppose

          the submission made on behalf of the petitioner. Learned

          counsel for the informant submits that from the confessional

          statement of petitioner and co-accused, it is apparent that there

          was an intention of the petitioner to commit rape with the minor

          daughter of the informant and for this purpose, he contributed

          money for getting a room booked. Learned counsel further

          submits that DNA reports are yet to come and the petitioner

          should be made to face rigors of trial.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of allegation and the materials collected against the

          petitioner and further considering the period of custody of the

          petitioner and his clean antecedent along with submission of

          charge-sheet, the petitioner above named is directed to be
           Patna High Court CR. MISC. No.90400 of 2025(3) dt.20-02-2026
                                                       4/4




                     released on bail on furnishing bail bonds of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Additional Sessions Judge-VII-cum-

                     Special Judge (POCSO), West Champaran, Bettiah/court

                     concerned in connection with Mainatand P.S. Case No. 121 of

                     2025, subject to the conditions mentioned in Section 480(3) of

                     BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                   (Arun Kumar Jha, J)
Ashish/-

U      T


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