Patna High CourtCR. MISC./10793/2026dismissed

Rahul Kumar v. The State Of Bihar

2026-02-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10793 of 2026 Arising Out of PS. Case No.-235 Year-2024 Thana- BARHIYA District- Lakhisarai ====================================================== Rahul Kumar Son Sanjay Thakur R/o - Paharpur(Dariyapur), P.S - Barahia, District - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar 2.

XYZ D/o ABC R/o Village - Paharpur, P.S. - Barahia, Dist. - Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr.Arun Kumar, Advocate For the State :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2026 Heard learned Senior Counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Barahiya P.S. Case No. 235 of 2024 registered for the offence under sections 75 and 78 of the B.N.S., 2023 and under sections 8/12 of the POCSO Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 23.07.2025 passed in Cr. Misc. No. 19427 of 2025, which reads as under:

"Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Barahiya P.S. Case No.235 of

Patna High Court CR. MISC. No.10793 of 2026(2) dt.16-02-2026 2/2 2024 registered for the offence under sections 75 and 78 of the B.N.S., 2023 and under sections 8/12 of the POCSO Act.

3. The petitioner is accused of committing rape with a minor girl. He is in custody since 14.12.2024.

4. Learned counsel for the petitioner submits that the victim is major and in support of this submission, he has drawn the attention of this Court to the Aadhar Card of the victim. He further submits that the boy and the girl were in a relationship and the petitioner has been falsely implicated in this case.

5. Learned counsel for the informant has opposed the prayer of the petitioner for grant of bail.

6. Since the allegation is of committing rape with a minor girl, I am not inclined to grant bail to the petitioner. Accordingly, this bail application is rejected with liberty to the petitioner to renew his prayer for bail in the trial court after the deposition of the victim is recorded."

4. In the partial cross-examination, the victim has supported the allegation against the petitioner.

5. Considering the nature of allegation and the fact that no fresh ground for grant of bail is made out, I am not inclined to review my earlier order.

6. Accordingly, the application stands dismissed. (Sandeep Kumar, J) P. Kumar U