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Patna High Court

Parmeshwar SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The application for regular bail was dismissed; the petitioner was not granted bail.

Summary

Petitioner Parmeshwar Sah was arrested in connection with a case registered on 28‑09‑2025 alleging the rape of a nine‑year‑old girl under Section 65 of the B.N.S. Act and Sections 4 and 6 of the POCSO Act. He applied for regular bail, arguing that the FIR was lodged five days after the incident, lacked the informant’s signature, and was filed amid a Panchayat election, and that medical evidence did not support the rape allegation. The State and the second opposite party opposed bail, emphasizing the seriousness of the offence against a minor and noting that charges had been framed and a witness examined. The court examined the submissions and the record and concluded that the gravity of the alleged offences and the presence of a minor victim outweighed the procedural deficiencies raised. Consequently, the court dismissed the bail application.

Issues considered

  • The appropriateness of granting bail to an accused of rape of a minor under Sections 4 and 6 of the POCSO Act.
  • Whether delay in filing the FIR, lack of informant’s signature, and the election backdrop justify bail.
  • Whether the absence of corroborative medical evidence negates the seriousness of the charge for bail considerations.

Legislation cited

Subjects

  • bail
  • POCSO
  • rape of minor
  • FIR delay
  • medical evidence
  • election backdrop

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14223 of 2026
                     Arising Out of PS. Case No.-652 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Parmeshwar Sah S/o- Late Pachkauri Sah @ Pachikauri Sah R/v- Bhasar
                 Machhaha Ps- Sitamarhi Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Meena Devi w/o- Late Rambali Sah R/v- Bhasar Machhaha, Sahu Tola,
                 W.No-11, Ps- Sitamarhi Dist- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhubala Verma, Advocate
                 For the Opposite Party/s :        Mr. Murlidhar, APP
                 For the Informant        :        Mr. Devendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   20-04-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the Opposite Party No.2 and learned APP for the

                   State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sitamarhi P.S. Case No.

                   652 of 2025 dated 28.09.2025 registered for the offences

                   punishable under Sections 65 of B.N.S. and Section 4/6 of

                   POCSO Act.

                                3. As per the allegation, this petitioner is alleged to

                   have committed rape upon the victim girl, who is stated to be

                   nine years old.

                                4. Learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.14223 of 2026(3) dt.20-04-2026
                                                       2/2




                     that there is a delay of five days in lodging of the FIR. There is

                     no signature of the informant on the formal FIR and the

                     allegation is in the backdrop of Panchayat Election. It has

                     further been submitted that the medical evidence does not

                     support the allegation of rape. The petitioner is in custody since

                     29.09.2025 having one criminal antecedent.

                                  5. Learned A.P.P. for the State and learned counsel for

                     the Opposite Party No.2 have vehemently opposed the prayer

                     for bail of the petitioner and has submitted that the victim is

                     aged only nine years old and the allegation is with respect to

                     Sections 4 and 6 of the POCSO Act. Learned counsel for the

                     Opposite Party No.2 has further submitted that charges in this

                     case have been framed and one witness has been examined

                     during the trial.

                                  6. Perused the records and considered the submission

                     of the parties, this Court is not inclined to accede to the prayer

                     for bail of the petitioner and is accordingly dismissed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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