Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 480(3), 66 r/w 3(5), 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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
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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
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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
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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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