← Library
Patna High CourtCR. MISC./68879/2025bail granted

Rahul Kumar v. The State Of Bihar

2026-02-04Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68879 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- TELHARA District- Nalanda ====================================================== Rahul Kumar S/O Rakesh Bind Resident of Village- Telhara, P.S- Telhara, Distt.- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Priti Kumari D/O Ramesh Bind R/O Village- Telhara, P.S- Telhara, Distt.- Nalanda.

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

For the Petitioner/s :

Mr.Kamlesh Kumar, Adv.

Mr.Nawal Kishore Singh, Adv.

For the State :

Mr.Md. Fahimuddin, APP For the Informant :

Mr.Sanjiv Kumar Pathak, Adv.

Mr.Ashok Kumar Garg, Adv.

Mr.Kumar Ravi Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with POCSO Case No. 95 of 2025 arising out of Telhara P.S. Case No. 96 of 2025, registered for the offences punishable under Sections 126(2), 127(2), 115(2), 352, 351(2), 351(3), 96, 3(5), 64(1) of the BNS and 4/6 of POCSO Act. .

3. On 15.05.2025, at about 4:00 AM, the petitioner along with his friend, forcibly abducted the informant on his motorcycle. She was taken to Jehanabad where the petitioner

Patna High Court CR. MISC. No.68879 of 2025(7) dt.04-02-2026 2/3 committed rape upon her and threatened to kill her and her father, if she disclosed the occurrence to any one.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The victim, in her statement recorded under Section 183 of the BNSS, has stated that she had love and affection with the petitioner. In pressure of her parents, she has supported the occurrence in the FIR. The petitioner is a person of clean antecedent and is under custody since 17.06.2025.

5. On the other hand, the learned counsel for the informant and the learned APP for the State have opposed the prayer for bail by submitting that the physical relationship between the petitioner and the victim was not consensual.

6. The victim admitted that she had love and affection with the petitioner and she went with the petitioner on his motorcycle.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 7th District Judge-cum-Special Judge, POCSO, Biharsharif, Nalanda in connection with POCSO Case No. 95 of 2025 arising out of

Patna High Court CR. MISC. No.68879 of 2025(7) dt.04-02-2026 3/3 Telhara P.S. Case No. 96 of 2025, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T