Rohit Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.10244 of 2025, decided 11-08-2025 by Chandra Shekhar Jha, J (oral order). Bail application by Rohit Kumar in Rajiv Nagar P.S. Case No. 26 of 2024 (Thana Rajivnagar, Patna) under Sections 376 AB IPC and Sections 4 & 6 POCSO Act; allegation of penetrative sexual assault on informant's minor daughter aged about 5 years. Custody since 10.01.2024; no witness examined after 20.07.2024; court treated the delay as prima facie contravening Section 35(2) POCSO one-year disposal preference and allowed bail: bond Rs. 10,000/- with two like sureties, conditions per Section 437(3) Cr.P.C. / Section 480(3) BNSS plus mandatory physical presence at every hearing (medical-exemption only). Defence relied on property-dispute false implication (accused said to be cousin brother of victim), hostile victim and mother, completed investigation, clean antecedents; APP opposed. No precedent discussed.