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Patna High Court

Md. RehanversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the seriousness of the allegations and supporting medical and testimonial evidence warranted the petitioner’s continued custody.

Summary

Md. Rehan was arrested on 22 December 2025 in connection with a case of alleged kidnapping and rape of a minor, charged under Sections 137(2) and 64(1) of the Bihar Narcotic Substances Act, 2023 and Section 4 of the POCSO Act. He applied for bail, claiming innocence and alleging that the FIR was fabricated. The prosecution produced the victim's statement recorded under Section 183 of the BNS Act and a medical report indicating sexual assault. The court examined the seriousness of the allegations, the victim's corroborative statement, and the medical evidence. Concluding that the nature of the offences warranted the petitioner’s continued custody, the court refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged kidnapping and rape of a minor under the BNS Act, 2023 and the POCSO Act.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • POCSO Act
  • medical evidence
  • serious offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26199 of 2026
                          Arising Out of PS. Case No.-40 Year-2025 Thana- Telta District- Katihar
                 ======================================================
                 Md. Rehan S/O Md. Raju R/O Kathalbari Dharampur, Police Station-
                 Gowalpur, Distt.- Uttar Dinajpur (West Bengal).

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    XXX S/O Late Chand Mohan Das R/O Village- Palsa, P.S- Telta, Distt.-
                 Katihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashutosh Kumar Mishra, Advocate
                 For the Opposite Party/s :         Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                    Heard Mr. Ashutosh Kumar Mishra, learned counsel

                   for the petitioner and Mr. Upendra Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   22.12.2025 in connection with Telta P.S. Case No. 40 of 2025,

                   F.I.R. dated 16.08.2025 for the offences punishable under

                   Sections 137(2) and 64(1) of the BNS, 2023 and Section 4 of

                   the POCSO Act.

                               3. According to prosecution case, this petitioner has

                   kidnapped the daughter of the informant and also committed

                   rape upon her.

                               4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.26199 of 2026(2) dt.20-04-2026
                                                        2/2




                      petitioner is innocent and he has falsely been implicated in the

                      present case. The allegation as alleged in the FIR is false and

                      fabricated and the petitioner has not committed any offence as

                      alleged in the FIR.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the victim was recovered and her statement was

                      recorded under Section 183 of the BNSS, 2023 in which she has

                      categorically stated that the petitioner has abducted her and

                      committed rape upon her. He further submits that the medical

                      report of the victim also suggest that she has been used for

                      sexual intercourse.

                                   6. Considering the nature of allegation as alleged in

                      the FIR supported by the medical evidence of the victim, I am

                      not inclined to enlarge the petitioner on bail in connection with

                      Telta P.S. Case No. 40 of 2025 pending in the court of learned

                      C.J.M. Katihar.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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