Patna High Court
Md. RehanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 137(2), 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
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
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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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