Patna High Court
Punit SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal for bail was dismissed, and the appellant remains in custody.
Summary
The appellant, Punit Sahani, was charged with rape and offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for an alleged incident on 14 March 2025 where he and co‑accused entered the victim's house at midnight and allegedly committed rape. The appellant argued that the medical report showed no injuries, there was no evidence of forcible entry, the FIR was lodged after an unexplained delay, and the victim's caste name was not publicly displayed, thus negating the SC/ST provisions. The prosecution, supported by the victim’s statement recorded under Section 183 of the BNSS, contended that the allegations were credible and opposed bail. The High Court, after considering the seriousness of the offences and the victim’s supportive statement, refused to grant bail and dismissed the appeal, directing the trial court to expedite the trial. The appellant remains in custody pending trial.
Issues considered
- Whether bail should be granted to the appellant in a case involving alleged rape and offences under the SC/ST (Prevention of Atrocities) Act.
- Whether the lack of medical injuries, absence of forcible entry, and delay in filing the FIR undermine the prosecution’s case sufficiently to merit bail.
- Whether the alleged non‑public display of the victim’s caste name precludes the application of the SC/ST Act provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 127(2), 183, 351(2), 70(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w-ii), 3(2)(v)(va)
Subjects
- bail
- rape
- sexual assault
- SC/ST Act
- caste-based offence
- medical evidence
- delay in FIR
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3052 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Punit Sahani S/o Ram Surat Sahani @ Bengai Sahani Village- Rampur
Ramhar, PS- Jandaha, District- Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Kiran Devi W/o Shrawan Paswan Village- Barbutta, PO- Rampur Ramhar,
PS- Jandaha, District- Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Subhash Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
For the Informant : Mr. Ajay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellant
against the order dated 20.06.2025 passed by learned Exclusive
Special Judge, SC/ST, Vaishali at Hajipur whereby the prayer
for bail of the appellant in connection with Jandaha PS Case No.
107 of 2025 instituted under Sections 127(2), 70(1) & 351(2) of
the Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r)(s)(w-ii),
3(2)(v)(va) of SC/ST Act was rejected.
3. Prosecution case, in short, is that on 14.03.2025,
when the informant was sleeping, three accused persons,
Patna High Court CR. APP (SJ) No.3052 of 2025(4) dt.15-01-2026
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including the appellant entered her house in midnight. They
allegedly pressed her mouth, whereafter, co-accused, namely,
Gorkha Paswan caught her back and appellant threatened to
outrage her modesty and committed rape. Thereafter, co-
accused, Harbesh Kumar and Gorakha Paswan committed rape
with her.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. It is
mainly submitted that as per medical report, it is difficult to say
sexual assault taken place or not and no injury was found.
Learned counsel next submits that the informant has not
disclosed whether the door was bolted or open, and in the
absence of any forcible entry, the allegation of rape by force is
doubtful. It is next submitted that despite several family
members sleeping in the same house, the alleged incident was
disclosed belatedly and the FIR was lodged after unexplained
delay, casting serious doubt on the prosecution case. Learned
counsel for the appellant further submits that the appellant has
not taken the caste name of the informant in public view. Hence,
no offence under the provisions of SC/ST Act is made out
against him. The appellant has no intention to disgrace the
Patna High Court CR. APP (SJ) No.3052 of 2025(4) dt.15-01-2026
3/3
image of the informant in public view. The appellant is in
custody since 20.05.2025 and has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
petitioner. Referring to the statement of the victim recorded
under Section 183 of the BNSS, 2023, it is submitted that victim
has supported the prosecution case.
6. Considering the aforesaid facts and circumstances
of the case and specifically taking into account the nature and
gravity of the offence as also the fact that victim has supported
the prosecution case in her statement recorded under Section
183 of the BNSS, 2023, this Court is not inclined to allow the
appeal. Appeal is, accordingly, dismissed.
7. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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