Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4757 of 2026 Arising Out of PS. Case No.-102 Year-2025 Thana- PALI District- Jehanabad ====================================================== Rahul Kumar S/O Devendra Das @ Devendra Ravidas R/O VillageMarachinganj, P.S- Punpun, Distt.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
X S/O Y R/O Village- Uttar Sarthu, P.S- Pali, Distt.- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinu Kumar, Advocate Mr. Vardaan Mangalam, Advocate For the State :
Mr. Uday Pratap Singh, APP For the Informant :
Mr. Jainendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.
2. The petitioner has prayed for bail in connection with Pali P.S. Case No.102 of 2025 registered for the offence punishable under Sections 137(2), 96, 69 & 108 of the BNS and under Section 4 of the POCSO Act.
3. The case of the prosecution, in short, is that the minor daughter of the informant has gone to fetch vegetables but she did not return. The informant found a mobile in his house in which there was 25 calls from a number 9241829187.
4. Learned counsel appearing on behalf of the petitioner has submitted that the calls which are alleged to have
Patna High Court CR. MISC. No.4757 of 2026(3) dt.31-03-2026 2/3 been made on the mobile of the victim were from the elder brother of the petitioner. Learned counsel for the petitioner has further submitted that in this case during investigation a dead body was found on the railway tracks and the photo of the deceased was shown to the informant which was identified by him and according tot he post-mortem report of the deceased she was aged about 30 years. Learned counsel for the petitioner has further submitted that the post-mortem report goes to show that cause of death is 'cardiopulmonary arrest due to severe blodd loss by train traffic accident'.
5. During course of investigation, police have extracted the confessional statement of this petitioner in which he has stated that he was in relationship with the deceased and that he has established physical relationship with her twice in hotel. As far as the death of the deceased in concerned, even in confessional statement this petitioner has not stated anything. Save and except that the deceased has went towards Karauna road.
6. Learned counsel for the petitioner has further submitted that save and except the confessional statement, there is nothing against the petitioner and even in confessional statement he has not confessed his guilt regarding murder. It has
Patna High Court CR. MISC. No.4757 of 2026(3) dt.31-03-2026 3/3 further been submitted that a UD case was filed in which the body of the deceased was found on the railway track.
7. Learned counsel for the Informant has vehemently opposed the bail and has stated that learned trial court has held that the petitioner has committed rape with the deceased.
8. 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 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 Additional Sessions Judge-VI-cum-Special Judge (POCSO), Jehanabad in connection with Pali P.S. Case No.102 of 2025. (Ashok Kumar Pandey, J) durgesh/- U T