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Patna High Court

Javed @ DahadiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The Court denied bail to the petitioners.

Summary

The petitioners, Javed, Jamir, and Nanhe, applied for bail in a case registered as Barauli P.S. Case No. 368 of 2025, wherein they were accused of raping the minor daughter of an informant and recording the act on video. The charges include offences under Sections 70(1) and 3(5) of the B.N.S., Sections 4 and 6 of the POCSO Act, and Section 67 of the Information Technology Act. The petitioners contended that they were falsely implicated due to village politics, highlighted a six‑day delay in filing the FIR, and asserted that they had been in custody since 4‑Nov‑2025. The State opposed bail, relying on the victim’s statement recorded under Sections 180 and 183 of the B.N.S., which supported the prosecution’s case. After considering the seriousness of the alleged offences, the existence of video evidence, and the procedural delay, the Court declined to grant bail, rejecting the petition.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged rape of a minor and video recording under the POCSO and IT Acts.
  • Whether the six‑day delay in lodging the FIR and the claim of political victimisation justify bail.
  • Whether the victim’s statement under Sections 180 and 183 of the B.N.S. establishes sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • POCSO
  • video evidence
  • delay in FIR
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14130 of 2026
                     Arising Out of PS. Case No.-368 Year-2025 Thana- BARAULI District- Gopalganj
                 ======================================================
           1.     Javed @ Dahadi S/o- Rabe Alam Ansari Resident of Village- Ratan Saray
                  tola Surwal, ward No- 20 PS-Baraui Dist- Gopalganj
           2.    Jamir Alam @ Jamil S/o- Israyal Mian Resident of Village- Ratan Saray tola
                 Surwal, ward No- 20 PS-Baraui Dist- Gopalganj
           3.    Nanhe @ Aashif Ekbal S/o- Balli Mian Resident of Village- Ratan Saray tola
                 Surwal, ward No- 20 PS-Baraui Dist- Gopalganj
                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar
           2.     XXX D/o- Janardnan Mahto Resident of Village- Ratan Saray tola Surwal,
                  ward No- 20 PS-Baraui Dist- Gopalganj
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sushil Kumar, Adv.
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 For the informant        :       Mr. Ujjwak Kant Pandey, Adv.
                                                  Mr. Prashant Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Barauli

                   P.S. Case No. 368 of 2025 registered for the offence punishable

                   under Sections-70(1), 3(5) of B.N.S. and 4 & 6 of POCSO Act

                   as also under Section-67 of I.T. Act.

                                3. As per allegation, while the minor daughter of the

                   informant went towards canal to defecate, the petitioners

                   alongwith others committed rape upon her and video clip was

                   made.

                                4. Learned counsel for the petitioners has submitted
            Patna High Court CR. MISC. No.14130 of 2026(3) dt.01-04-2026
                                                        2/2




                      that the petitioners are innocent and they have committed no

                      offence whatsoever. They have falsely been implicated in this

                      case due to dirty village politics. There is a delay of six days in

                      lodging of the FIR and no explanation has been offered for the

                      said delay. It has next been submitted that the petitioners are in

                      custody since 04-11-2025.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. There is allegation of rape against the petitioners

                      upon a minor girl and it is also alleged that video clip was made.

                      The victim in her statement recorded under Sections 180 & 183

                      of the BNSS has supported the prosecution case.

                                   7. Considering the aforesaid facts and circumstances,

                      I am not inclined to grant bail to the petitioner and accordingly,

                      the same is rejected.



                                                       (Ansul, J)
A.K.V.//-

U      T


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