Patna High Court
Raj Kumar @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioners.
Summary
Petitioners Raj Kumar and Sandeep Kumar sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 96 and later 70(1) of the Bihar Narcotic Substances Act, 2023, and Sections 4 and 6 of the POCSO Act. The victim's statement alleged a physical relationship between the petitioners and the minor girl. The petitioners claimed innocence and a clean antecedent, while the opposing counsel highlighted the seriousness of the alleged offences and the victim's statement recorded under Section 183 of the B.N.S. The court, considering the gravity of the sexual offences against a minor, declined to grant anticipatory bail. The petitioners were ordered to surrender within four weeks and to apply for regular bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged sexual offences under the B.N.S. and POCSO Act
- Whether the gravity of the alleged offences precludes the grant of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 137(2), 70(1), 96
- POCSO Act — s. 4, 6
Subjects
- anticipatory bail
- POCSO Act
- sexual offences
- minor
- gravity of offence
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91872 of 2025
Arising Out of PS. Case No.-235 Year-2024 Thana- SISWAN District- Siwan
======================================================
1. Raj Kumar @ Raj Kumar Singh S/O Satyendra Singh Resident Of Village-
Panjwar, P.S- Raghunathpur, Distt.- Siwan.
2. Sandeep Kumar @ Sandeep Kumar Gond S/O Sudama Gond @ Sitabi
Resident Of Village- Panjwar, P.S- Raghunathpur, Distt.- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Jaimala Devi W/O Kailash Upadhyay R/O Village- Kachnar, P.S- Siswan,
Distt.- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in connection
with Siswan P.S. Case No. 235 of 2024, registered for the
offence under Sections 137(2), 96 of the B.NS., 2023 and later
on section 70(1) of B.N.S. and section 4, 6 of the POCSO Act
was added.
3. From the statement of victim girl it appears that the
petitioners have also established physical relationship with the
minor girl.
4. Learned counsel for the petitioners submit that
petitioners are innocent and have not committed any offence.
Patna High Court CR. MISC. No.91872 of 2025(3) dt.24-02-2026
2/2
Petitioners have clean antecedent.
5. Learned A.P.P. has vehemently opposed the prayer
for bail and submits that the petitioners have also established
physical relationship with the victim girl and it has come in the
statement recorded u/s 183 BNSS.
6. Considering the gravity of offence against the
petitioners, this Court is not inclined to grant privilege of
anticipatory bail to the petitioners.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioners are hereby rejected.
8. The petitioners are directed to surrender within four
weeks from today and pray for regular bail.
(Sandeep Kumar, J)
Ranjeet/-
U T
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