Patna High Court

Daroga BhagatversusThe State of Bihar

Decided: 26 March 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court refused bail to the petitioner, holding that the seriousness of the alleged child sexual offence precludes release on bail.

Summary

Daroga Bhagat, a police constable, was arrested on 8 October 2025 in connection with FIR No. 459 of 2025 alleging that he had sexual intercourse with a six‑year‑old girl, the informant's daughter. The petitioner sought bail, claiming a clean antecedent and that the allegations were fabricated. The State opposed bail, presenting the victim’s recorded statement under Section 183 of the Bharatiya Nyay Sanhita and a medical report supporting the charge of rape under Section 75(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 7 and 8 of the POCSO Act. The High Court examined the seriousness of the offence and the evidence on record. Considering the gravity of the child sexual offence, the Court refused the bail application, ordering the petitioner to remain in custody.

Issues considered

Whether bail should be granted to an accused charged under Section 75(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 7 and 8 of the POCSO Act for alleged rape of a six‑year‑old child.
Whether the allegations against the petitioner are false or fabricated, warranting bail.
Whether the seriousness of the child sexual offence justifies denial of bail.

Legislation cited

Bharatiya Nyay Sanhita, 2023 — s. 183, 75(2)
Protection of Children from Sexual Offences Act — s. 7, 8

Subjects

bail
child sexual abuse
POCSO
Bharatiya Nyay Sanhita
rape of minor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20429 of 2026
                   Arising Out of PS. Case No.-459 Year-2025 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Daroga Bhagat S/o- Late Ram Pyare Bhagat Resident of Village and Post -
                 Gohpur, Bajrahiya, P.S. - G.B. Nagar, District - Siwan

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    X W/o- Y Resident of Village and Post - Gohpur, Bajrahiya, P.S. - G.B.
                 Nagar, District - Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :     Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                       Heard Mr. Bijay Prakash Singh, learned counsel

                   for the petitioner and Mr. Nirmal Kumar Sinha, learned A.P.P.

                   for the State.

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

                   08.10.2025 in connection with G.B. Nagar P.S. Case No. 459 of

                   2025, FIR dated 06.10.2025 registered for the offence under

                   Section 75(2) of the Bharatiya Nyay Sanhita, 2023 and Sections

                   7,8 of POCSO Act.

                                    3. Allegation against the petitioner is that he

                   committed sexual intercourse with the minor daughter of the

                   informant aged about 6 years.

                                    4. Learned counsel appearing for the petitioner
            Patna High Court CR. MISC. No.20429 of 2026(2) dt.26-03-2026
                                                        2/2




                      submits that the petitioner has clean antecedent and he has

                      falsely been implicated in this case. He further submits that the

                      allegation as alleged in the F.I.R. is false and fabricated and the

                      petitioner has not committed any offences as alleged in the F.I.R

                      and the petitioner is rotting in judicial custody since 08.10.2025.

                                      5. Learned A.P.P. for the State, on the other hand,

                      have vehemently opposed the prayer for bail of the petitioner

                      and submits that petitioner has committed very heinous crime of

                      committing rape upon the victim who is only six years old and

                      statement of the victim was recorded under Section 183 BNSS

                      in which she has fully supported the case of the prosecution and

                      apart from that medical report of the victim also support the

                      allegation alleged in the FIR.

                                      6. Considering the facts and circumstances of the

                      case, I am not inclined to enlarge the petitioner on bail in

                      connection with Exclusive Court, POCSO, Siwan pending in the

                      Court of G.B. Nagar P.S. Case No. 459 of 2025,.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

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