Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18448 of 2026 Arising Out of PS. Case No.-1231 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Prince Kumar Son of Anil singh R/o Village - Belkunda, P.S. - Mahua, Dist. - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Y R/o Village - Naya Tola Kharjamma, Ward no. 15, P.S. - Mahnar, Dist. - Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Hajipur Town P.S. Case No.1231 of 2025 registered for the offence punishable under Sections 64(1) & 3(5) of the BNS and under Sections 4 and 6 of the POCSO Act.

3. The case of the prosecution, in short, is that the petitioner has committed rape with the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that during course of trial, the victim has been examined as PW-1 and in her examination-in-chief she

Patna High Court CR. MISC. No.18448 of 2026(3) dt.01-05-2026 2/3 has not alleged any forceful sexual act against the petitioner, rather she has stated that the petitioner has not done anything with her. He has only left her in the shop. She was being declared hostile on the prayer of the prosecution. Likewise informant has been examined as PW-3, he has stated that the victim has told him that the petitioner has committed rape with her but the informant has not identified any of the accused persons. Learned counsel for the appellant has submitted that during course of investigation medical examination of the victim was also conducted and in medical examination, the doctor has found no injury on the body of the victim and has opined that there is no evidence of recent sexual act. Learned counsel for the petitioner has submitted that the victim herself has not alleged any kind of sexual intercourse in her deposition. Learned counsel for the petitioner has submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 09.10.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.18448 of 2026(3) dt.01-05-2026 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned ADJ-VI-cum-Special Judge, POCSO, Hajipur at Vaishali in connection with Hajipur Town P.S. Case No.1231 of 2025. (Ashok Kumar Pandey, J) durgesh/- U T