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Patna High Court

Awesh @ Md. Awesh KarniversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the serious nature of the kidnapping and rape allegations against a minor, as affirmed by the victim's statement under Section 183 BNYS, warranted continued custody.

Summary

Awesh Karni was arrested on 12 August 2025 in connection with a case alleging the abduction and rape of a minor girl, charged under Sections 137(2), 87, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 4 of the POCSO Act. The petitioner sought bail, arguing a clean antecedent and that the victim's statements recorded under Sections 180 and 183 of the BNYS were contradictory. The prosecution highlighted the victim's statement under Section 183, which expressly alleged kidnapping and rape, and noted the victim was a minor of about 14 years at the time of the alleged offence. The court examined the seriousness of the allegations, the victim's consistent statement, and the statutory provisions governing offences against children. Concluding that the nature of the charges and the victim's testimony warranted continued custody, the court refused the bail application. The petition for bail was therefore dismissed.

Issues considered

  • The appropriateness of granting bail to an accused charged under the Bharatiya Nyay Sanhita and POCSO Act for alleged kidnapping and rape of a minor.
  • Whether the victim's statement recorded under Section 183 of the BNYS is sufficient to deny bail.
  • Whether the accused's clean antecedent and alleged contradictions in victim statements affect the bail decision.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • minor
  • POCSO Act
  • Bharatiya Nyay Sanhita
  • victim statement
  • Section 183 BNYS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.174 of 2026
                         Arising Out of PS. Case No.-113 Year-2025 Thana- RAUTA District- Purnia
                 ======================================================
                 Awesh @ Md. Awesh Karni S/o Md. Jafrul Haque @ Md. Jafrul @ Jafrul R/o
                 Village - Simalbari, P.S - Amour, District – Purnea ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     XXX S/o Late Bhakur Resident of - Churnamari, Ward No. 12, P.S - Routa,
                  District - Purnea
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                          :       Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
5 06-04-2026                      Heard Mr. N.K. Agrawal, learned senior counsel for

                the petitioner and Ms. Sangeeta Sharma, learned A.P.P. for the

                State.

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

                12.08.2025 in connection with Routa P.S. Case No. 113 of 2025,

                FIR dated 25.04.2025 registered for the offence under Section

                137(2), 87, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 4

                of POCSO Act.

                                3. According to the prosecution, the informant alleged

                that the petitioner along with other accused person abducted his

                daughter.

                                4. Learned counsel appearing for the petitioner

                submits that the petitioner has clean antecedent and he has been

                made accused in this case merely on the basis of suspicion and
            Patna High Court CR. MISC. No.174 of 2026(5) dt.06-04-2026
                                                        2/2




                  apart from that from bare perusal of the statement of the victim

                  recorded under Section 180 and 183 BNSS, it appears that both are

                  contradictory to each other and the petitioner is rotting in judicial

                  custody since 12.08.2025.

                                  5. Learned A.P.P. for the State has vehemently

                  opposed the prayer for bail of the petitioner and submits that

                  statement of the victim was recorded under Section 183 BNSS in

                  which she has categorically stated that petitioner had kidnapped her

                  and petitioner had also committed rape upon her and magistrate has

                  assessed the age of the victim to be about 14 years and apart from

                  that Date of Birth of victim as recorded in Transfer Certificate of

                  School is 03.09.2008 which suggest that on the alleged date of

                  occurrence, the victim was minor.

                                  6. Considering the facts and circumstances of the case

                  as well as nature of allegation supported by victim in her statement

                  recorded under Section 183 BNSS, I am not inclined to enlarge the

                  petitioner on bail in connection with Routa P.S. Case No. 113 of

                  2025, pending in the Court of Additional District & Sessions

                  Judge-VII-cum-Special Judge (POCSO), Purnea.

                               7. Prayer is refused.


                                             (Rajesh Kumar Verma, J)
Suruchi/-
U      T


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