In Rocky Kumar @ Rauki Kumar vs. .The State of Bihar & Anr. (2026), Justice Soni Shrivastava passed a 2-page long order dated July 29, 2026, wherein, she directed that no coercive steps be taken against the petitioner in a case under Section 376(D), 506/34 of IPC, section 3(i) (r) (S) (W) (1)/3 (2) (va) SC/ST Act and section 4 of the POCSO Act against the accused petitioner Rocky Kumar. The case is listed on September 2, 2026.
Dr. Gopal Krishna, the counsel for the petitioner submitted that the petitioner was not sent up for trial and a final report was filed in his favour. However, during trial, summons has been issued under Section 358 of the B.N.S.S. The victim has filed the complaint after 37 days. Brajesh Kumar, the main accused is facing trial in the Court of Ravindra Kumar, District and Additional Sessions-cum-Exclusive Special Judge (POCSO), Sheikhpura who was in love with the victim. The petitioner had been named only because he used to study with the main accused in Biharsharif.
Justice Shrivastava concluded:"4. In such view of the matter, issue notice to the opposite party no.2 by ordinary process as well as speed post with A/D for which requisites etc. must be filed within a week from today. 5. Call for a legible copy of the case diary along with the statement of the victim recorded under Section 183 B.N.S.S. from the Court of learned District and Additional Sessions-cum-Exclusive Special Judge (POCSO), Sheikhpura, in connection with Sheikhpura Mahila P.S. Case No. 50 of 2023....7.In the meantime, no coercive steps shall be taken "against the petitioner in the aforesaid case till further orders.
The prosecution case, in brief as per the written report of the informant namely Kiran Devi is that, on August 3, 2023 at about 2 PM, when her daughter/victim was feeding cattle near her house, accused persons Brajesh Raut and Rocky Kumar on a gunpoint grabbed the informant daughter's hand with bad intention and taken her to the abandoned house of Sanjay Raut through the Bathan of Uday Raut. When informant's daughter shouted, accused persons started threatening to kill her and gagged her mouth with a Gamchha. The accused persons one by one raped the informant's daughter due to which she became unconscious. After a while when she did not return, informant went to search her and when she reached near the house of Sanjay Raut, saw that accused Brajesh Kumar and Rocky Kumar were fleeing from the house of Sanjay Raut. The informant's another daughter Priti Kumari went inside the house and saw that informant's daughter victim girl was lying half naked and unconscious. After the incident, the victim was not in a state of sound mind to speak and remained quiet. After a long period of time, she told about the incident to her family members. The case was registered after 37 days.
The counsel for the petitioner submitted that petitioner is quite innocent and he is falsely implicated in this case due to dirty village politics. It was submitted that the petitioner bears no criminal antecedent. It was prayed that petitioner may be given benefit of pre-arrest bail.
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