Patna High Court
Shrikant Patel @ Shrikant Kumar Raut @ Shrikant RautversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted as the allegations of rape of a minor were serious and supported by the victim’s statement.
Summary
The petitioner, Shrikant Patel, was charged under the Bharatiya Nyaya Sanhita, the Immoral Trafficking Act, the POCSO Act and the SC/ST (Prevention of Atrocities) Act for allegedly raping a 14‑year‑old girl over several months. The prosecution’s case is based on the victim’s statement recorded under section 183 of the B.N.S.S, alleging that the petitioner repeatedly committed rape and received payments from the victim’s mother. The petitioner contended that he was falsely implicated, highlighted the delay in filing the FIR, the absence of a medical report and lack of a forensic age determination, and pointed out his clean record. The State’s assistant public prosecutor opposed bail, emphasizing the seriousness of the allegations and the victim’s corroborated testimony. After hearing both sides, the court found the direct allegations against the petitioner sufficiently grave and declined to grant regular bail, rejecting the petition.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged rape of a minor under the POCSO Act and related statutes
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 70(1)
- Immoral Trafficking Act — s. 3, 4, 6, 7, 8
- POCSO Act — s. 12, 4, 6, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v), 3(w)(i)(ii)
Subjects
- regular bail
- rape
- minor
- POCSO
- sexual offences
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18181 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Shrikant Patel @ Shrikant Kumar Raut @ Shrikant Raut Son of Bhim Prasad
Raut Resident of Village - Shekha Bigha, Police Station - Buniyadganj,
District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kajal Kumari Daughter of Late Sanjay Manjhi Resident of Village - Shakla
Bigha, Police Station - Buniyadganj, District - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
Mr. Gajendra Kumar Singh
Ms. Surabhi Nirmal, Advocate
For the Opposite Party/s : Ms. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 08-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with POCSO Case no.70 of
2025, arising out of Buniyadganj P.S. Case no.33 of 2025,
registered under sections 126(2), 115(2) and 70(1) of the
Bhartiya Nyaya Sanhita, 2023, sections 8, 6, 4, 7 and 3 of the
Immoral Trafficking Act, sections 8, 12, 4 and 6 of the POCSO
Act and sections 3(1)(r)(s), 3(w)(i)(ii) and 3(2)(v) of the SC/ST
(Prevention of Atrocities) Act.
3. As per the prosecution case, the 14 years old
informant states that the petitioner and one another have been
Patna High Court CR. MISC. No.18181 of 2026(6) dt.08-07-2026
2/3
committing rape on her for the last 3-4 months. It is further
stated that one Ravi Kumar has also been misbehaving with her.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Even as per
the FIR, the last occurrence is alleged to have taken place on
19.12.2024 while the FIR was registered after an unexplained
delay on 26.1.2025. There is no medical report on record and
the age of the victim has not been determined by medical
examination. The petitioner is in custody since 27.6.2025 and
chargesheet has been submitted in the case. He has no criminal
antecedent.
5. The application for bail is opposed by learned APP
for the State. Referring to the statement of the victim recorded
under section 183 of the B.N.S.S, it is submitted that the
victim/informant has categorically stated therein that she is 14
years old and a student of Class-8. Her mother has pushed her
into prostitution and as a result of the same, the petitioner has
been committing rape on her after making payments to her
mother.
6. Having heard learned counsel for the parties and
taking into consideration the direct allegation against the
petitioner of having committed rape on the 14 year old minor
Patna High Court CR. MISC. No.18181 of 2026(6) dt.08-07-2026
3/3
victim together with the same having been supported by the
victim in her statement under section 183 of the B.N.S.S, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.