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Patna High Court

Aashish HembramversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                       2/2




                     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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