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Patna High Court

Munarik Turiya @ Mundrik TuriyaversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail application was dismissed; the petitioner was not entitled to bail.

Summary

The petitioner, Munarik Turiya, was arrested on 8 April 2023 in connection with a 2021 case alleging that he, along with others, attempted to rape a minor girl under Sections 376(A), 376(B), 376(D) of the IPC and Section 6 of the POCSO Act. The victim’s statement was recorded under Section 164 of the Cr.P.C., and medical evidence corroborated the allegations. The petitioner had previously applied for bail in 2023 and 2024, both of which were rejected. The trial court report indicated that the trial was underway, with two of six prosecution witnesses already examined. Considering the seriousness of the offences, the victim’s testimony, and the ongoing trial, the High Court refused the bail application and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to an accused charged with rape of a minor under the IPC and POCSO Act when the trial is in progress.
  • Whether the nature of the evidence and the stage of trial justify denial of bail.

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • POCSO Act
  • IPC
  • Criminal Procedure Code
  • trial delay
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11231 of 2026
                       Arising Out of PS. Case No.-188 Year-2021 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Munarik Turiya @ Mundrik Turiya Son of Arjun Turiya Resident of Village-
                 Harkuhra, P.S.- Fatehpur, District- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Mina Devi Wife of Bindeshwar Turiya Resident of Village- Harkuhra, P.S.-
                 Fatehpur, District- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sharma, Adv.
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   01-05-2026                    Heard Mr. Sanjay Kumar Sharma, learned counsel

                   for the petitioner, Mr. Pankaj Kumar, learned counsel for the

                   informant and Mr. Vinod Shanker Modi, learned APP for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   08.04.2023 in connection with Fatehpur P.S. Case No. 188 of

                   2021, F.I.R. dated 09.06.2021 registered for the offence under

                   Sections 376(A B) and 376(D) of IPC and Section 6 of the

                   POCSO Act.

                                3. The prosecution case, in brief, is that on

                   21.05.2021, the informant’s daughter was allegedly taken by the

                   accused persons while she went outside at night, and they
Patna High Court CR. MISC. No.11231 of 2026(4) dt.01-05-2026
                                            2/3




          attempted to rape her. She was later found the next morning at a

          house, where she reported body pain and stated that the accused

          had threatened her not to disclose the incident.

                       4. Learned counsel for the petitioner submits that

          earlier the bail application of the petitioner was rejected by this

          Court vide order dated 20.09.2023 passed in Cr. Misc. No.

          50733 of 2023. Thereafter, the petitioner has again moved befoe

          this Hon’ble Court for grant of regular bail in Cr. Misc. No.

          48338 of 2024 but the same was dismissed vide order dated

          18.10.2024. Learned counsel for the petitioner submits that the

          petitioner is in custody since 08.04.2023 and the trial is not in

          progress.

                       5. Learned APP for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that statement of the victim was recorded under Section

          164 of Cr.P.C./183 of the BNSS in which she has categorically

          stated that the petitioner along with other accused persons have

          committed rape upon her. He further submits that date of birth

          of the victim is recorded as 20.09.2019 in paragraph 55 of the

          case diary which suggests that the victim was minor at the time

          of occurrence. The medical report also supports the allegation as

          alleged in the FIR.
             Patna High Court CR. MISC. No.11231 of 2026(4) dt.01-05-2026
                                                         3/3




                                    6. Vide order dated 18.03.2026, a report was called for

                       with regard to the stage of the trial. Report dated 20.04.2026 of

                       the learned trial court reveals that the trial is going on and out of

                       six prosecution witnesses, two witnesses have already been

                       examined.

                                    6. Considering the nature of allegation, the FIR

                       supported by the victim, medical evidence as well as report of

                       the trial court, I am not inclined to enlarge the petitioner on bail

                       in connection with Fatehpur P.S. Case No. 188 of 2021 pending

                       in the court of learned Addl. Sessions Judge-VI-cum-Special

                       Judge of POCSO Act, Gaya.

                                    7. Prayer is refused.

                                    8. However, the learned trial court is directed to

                       expedite the trial and conclude the same at the earliest.



                                              (Rajesh Kumar Verma, J)
Abhishek/-

U      T


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