Patna High Court
Aashish HembramversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court declined to grant bail, dismissing the petitioner's application.
Summary
The petitioner, Aashish Hembram, was charged with rape of a minor under Section 376AB of the IPC and Sections 4 and 6 of the POCSO Act. He applied for regular bail after an earlier bail plea was rejected. The trial had examined seven of nine witnesses and was awaiting the examination of the investigating officer, with the petitioner in custody since 15 January 2024. The court considered the seriousness of the alleged offence and the stage of the trial and decided not to grant bail. Consequently, the bail application was dismissed and the police were directed to ensure the investigating officer’s appearance at the next hearing.
Issues considered
- Whether regular bail can be granted to an accused of rape of a minor under IPC 376AB and POCSO Act sections 4 and 6, given the seriousness of the offence and the stage of trial
Legislation cited
- Indian Penal Code — s. 376AB
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- minor
- IPC 376AB
- POCSO Act
- criminal procedure
- high court
- regular bail
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18284 of 2026
Arising Out of PS. Case No.-21 Year-2024 Thana- SONO District- Jamui
======================================================
Aashish Hembram S/O Ato Hembram Resident of Village- Saleya, P.O-
Jhajha, P.S- Sono, Distt.- Jamui, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate
For the State : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sono P.S. Case No. 21
of 2024 registered for the offences punishable under Section
376AB of the Indian Penal Code and Sections 4 & 6 of the
POCSO Act.
3. Earlier the prayer for bail of the petitioner was
rejected vide order dated 18.02.2025 passed in Cr. Misc. No.
69563 of 2024.
4. As per the prosecution case, the petitioner is alleged
to have committed rape on the minor daughter of the informant.
5. From the impugned order, it appears that in the
trial, out of nine witnesses, seven witnesses have been examined
Patna High Court CR. MISC. No.18284 of 2026(2) dt.31-03-2026
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and the case is pending for examination of the I.O.
6. The petitioner is in custody since 15.01.2024.
7. Considering the allegation and the stage of trial, I
am not inclined to grant bail to the petitioner.
8. Accordingly, the application stands dismissed.
9. The Superintendent of Police, Jamui is directed to
ensure the appearance of the I.O. on the next date of hearing in
the trial.
10. Let a copy of this order be communicated to the
Superintendent Police, Jamui through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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