Patna High Court
Prakash Kumar @ Jay Prakash Kumar @ Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the seriousness of the offences and the risk to the investigation outweighed the petitioner’s claims.
Summary
The petitioner, Prakash Kumar, was arrested on 2 July 2025 in connection with FIR No.275/2024 alleging that he, along with co‑accused, abducted and sexually assaulted a 14‑year‑old girl on 7 September 2024. He was charged under Sections 137(2), 126(2), 64 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 4 of the POCSO Act. The petitioner pleaded for bail, claiming a clean antecedent, that the allegations were fabricated and that the FIR was lodged two days after the incident without explanation. The State and the informant opposed bail, emphasizing the seriousness of the offences, the victim’s age, and the risk of tampering with evidence. The Court, after considering the gravity of the charges and the circumstances, refused the bail application, ordering the petitioner to remain in custody.
Issues considered
- Whether bail should be granted to an accused in a POCSO case involving alleged sexual assault of a minor.
- Whether the delay of two days in lodging the FIR warrants consideration for bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 126(2), 137(2), 3(5), 64
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 4
Subjects
- bail
- POCSO
- sexual assault
- minor
- criminal procedure
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90857 of 2025
Arising Out of PS. Case No.-275 Year-2024 Thana- KOCHAS District- Rohtas
======================================================
Prakash Kumar @ Jay Prakash Kumar @ Lalu Kumar S/o Santosh Singh @
Santosh Kumar Singh R/O vill- Majhiya, P.S.- Hasan Bazar, Dist- Bhojpur at
Ara
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o XXX R/o vill - Amaisidiyara, P.S.- Dinara, Distt.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
For the Informant : Mr. Tiwari Shwetketu, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner, Mr. Nawal Kishore Prasad, learned A.P.P. for the
State and Mr. Tiwari Shwetketu, learned counsel for the
Informant.
2. The petitioner seeks bail, who is in custody since
02.07.2025, in connection with Kochas P.S. Case No. 275 of
2024, FIR dated 09.09.2024 registered for the offence under
Sections 137(2), 126(2), 64 and 3(5) of the Bharatiya Nyay
Sanhita, 2023 and under Section 4 of the POCSO Act.
3. As per the First Information Report, the
informant alleged that on 07.09.2024 at about 06:00 AM, her
daughter went for coaching and while returning, the petitioner
Patna High Court CR. MISC. No.90857 of 2025(2) dt.13-01-2026
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along with other co-accused persons intercepted her and
threatened her and took her to his aunt’s house and sexually
assaulted her.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in this case and the allegation as alleged
in the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R. It appears from
the FIR that date of the occurrence was on 07.09.2024 but the
FIR was lodge on 09.09.2024 i.e. after delay of about two days
without giving any reason of delay. He further submits that the
police after investigation has submitted charge-sheet and the
petitioner is rotting in judicial custody since 02.07.2025.
5. Learned counsel for the informant as well as
learned A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that
FIR was instituted when the victim was recovered i.e. on
09.09.2024 and the victim has stated before the police that the
petitioner committed rape upon her and apart from that victim is
aged about 14 years.
6. Considering the facts and circumstances, I am
not inclined to enlarge the petitioner on bail in connection with
Patna High Court CR. MISC. No.90857 of 2025(2) dt.13-01-2026
3/3
Kochas P.S. Case No. 275 of 2024 pending in the Court of
District and Additional Session Judge-6th-cum-Special Judge
(POCSO), Sasaram, Rohtas.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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