Dismissed¶24

Nikhil Kumar v. The State of Bihar

Patna HC8 Apr 2026CR. MISC./76545/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.76545 of 2025, decided 08-04-2026 by Ashok Kumar Pandey, J. Bail application under Sections 64 BNS and Sections 4 & 6 POCSO Act (Bochaha P.S. Case No.127 of 2025, Muzaffarpur) alleging carnal intercourse with a minor. Bail rejected at this stage on nature of allegations; victim's BNSS Sections 183 and 180 statements supported prosecution and medical report showed linear tear in anal canal. Liberty to renew after six months; trial court directed to conclude trial per Section 35 POCSO Act. Keywords: bail rejection, POCSO, BNS s.64, BNSS victim statement, medical corroboration, speedy trial.

What did the court decide?

Bail prayer rejected; petitioner permitted to renew the prayer after six months; trial court directed to conclude the trial in view of Section 35 of the POCSO Act. ¶24

Nikhil Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76545 of 2025

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Arising Out of PS. Case No.-127 Year-2025 Thana- BOCHAHAN District- Muzaffarpur

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Nikhil Kumar, Son of Late Lalan Patel @ Late Lalan Ray @ Late Lalan Patail, Resident of Village- Ram Das Majhauli, P.S.- Bochaha, DistrictMuzaffarpur,

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... ... Petitioner/s

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Versus

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The State of Bihar

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X Wife of Subansh Mahto Resident of Village- Ram Das Majhauli, P.S.Bochaha, District- Muzaffarpur,

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

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ORAL ORDER

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5 08-04-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has prayed for bail in connection with Bochaha P.S. Case No.127 of 2025 registered for the offence punishable under Sections 64 of B.N.S. and Sections 4 & 6 of POCSO Act.

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The case of the prosecution, in short, is that the petitioner has committed carnal intercourse with the minor son of the informant.

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It is submitted by learned counsel for the petitioner

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Patna High Court CR. MISC. No.76545 of 2025(5) dt.08-04-2026 2/3

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that petitioner is innocent and has been falsely implicated in the present case. No such offence has been committed. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 06.06.2025.

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Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during course of investigation, the victim has given his statement under Section 183 of the B.N.S.S. wherein he has categorically supported the case of the prosecution. Victim has also given his statement under Section 180 of the B.N.S.S. and has also supported the case of the prosecution. During course of investigation, medical examination of the victim was conducted and from perusal of the medical examination report, it is clear that the doctor conducting examination of the person of the victim has found one linear tear 1/2” length at 12 O’ clock position in anal canal. This objective finding of the doctor conducting the medical examination of the victim corroborates with the allegations.

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Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected.

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