Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted due to the seriousness of the offences, especially the alleged rape of a minor.
Summary
Vikash Kumar was arrested in connection with a case registered under Sections 341, 342, 366(A), 376 and 34 of the Indian Penal Code and Section 6 of the POCSO Act, alleging that he raped a minor after confining her. The petitioner applied for regular bail, claiming false implication, no prior criminal record and willingness to cooperate with the trial. The State opposed the bail on the ground of the seriousness of the alleged rape of a minor. The Court examined the gravity of the offences, particularly the POCSO charge, and concluded that bail could not be granted. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused charged with rape of a minor under the POCSO Act and other IPC offences
- Whether the gravity of the alleged offences justifies denial of bail
Legislation cited
- Indian Penal Code — s. 34, 341, 342, 366A, 376
- Protection of Children from Sexual Offences Act, 2012 — s. 6
Subjects
- bail
- rape
- minor
- POCSO
- Indian Penal Code
- gravity of offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.972 of 2026
Arising Out of PS. Case No.-206 Year-2024 Thana- MAHNAR District- Vaishali
======================================================
Vikash Kumar Son of Prithvi Paswan Resident of Village- Paharpur,
Bisanpur, P.S.- Mahnar, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/o Y R/o Paharpur, Bisanpur, P.S.- Mahnar, District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Vinti Kumari, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 07-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mahnar P.S. Case No. 206/2024 registered for the offences
punishable under Sections 341, 342, 366(A), 376 and 34 of
I.P.C. and Section 6 of POCSO Act.
3. As per the prosecution case, petitioner is accused of
committing rape with a minor girl after confining her.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 23.11.2024. The petitioner undertakes to
co-operate in the case/ trial.
Patna High Court CR. MISC. No.972 of 2026(4) dt.07-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that he
committed rape with a minor girl.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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