Patna High Court
Md. GudduversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Md. Guddu, was charged under Sections 64 and 351(2) of the Bihar Negotiable Substances Act, 2023 and Section 4 of the POCSO Act for alleged rape of a 12‑14‑year‑old girl. The prosecution alleged that Guddu entered the victim's home and raped her, supported by the victim's statements recorded under Sections 180 and 183 of the BNSS. The defence argued that the victim’s medical examination showed no injuries, the hymen was intact, and the complaint was filed after a delay, suggesting false implication and retaliation. The petitioner also claimed no prior criminal record and had been in judicial custody since February 2026. After hearing both sides, the High Court found the medical evidence insufficient to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case of alleged rape of a minor under the POCSO Act and BNSS provisions.
- Whether the absence of medical injuries and delay in filing the FIR undermine the prosecution's case for denial of bail.
- Whether the petitioner’s lack of prior criminal record warrants bail despite serious charges.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 180, 183, 351(2), 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- rape
- POCSO Act
- minor
- medical evidence
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27308 of 2026
Arising Out of PS. Case No.-738 Year-2025 Thana- AMARPUR District- Banka
======================================================
Md. Guddu S/o Md. Lutan R/o Village - Datwati, P.S - Amarpur, District -
Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Roshan W/o Md. Jiyouddin R/o Village - Chichroun, P.S - Akbarnagar,
District - Bhagalpur Presently R/o Village - Datwati, P.S - Amarpur, District
- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate.
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Amarpur P.S. Case No. 738 of 2025 registered for the
offence punishable under Sections 64 and 351(2) of the B.N.S.,
2023 and Section 4 of the POCSO Act.
3. The case of the prosecution, in short, is that while
the informant was alone at her home, the petitioner entered her
house and committed rape with her.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.27308 of 2026(3) dt.18-06-2026
2/3
case. He also submits that, as per the complaint petition, the
alleged occurrence took place on 24.07.2025, whereas the
complaint petition was filed on 05.08.2025 and the FIR was
registered on 14.10.2025. He also submits that, prior to filing of
the present case, a case had already been lodged from the
petitioner's side and by way of retaliation, the present case has
been instituted.
5. Learned counsel for the petitioner further submits
that, during the course of investigation, the victim has given her
statements recorded under Sections 180 and 183 of the BNSS,
wherein she has supported the case of the prosecution in
verbatim. However, from perusal of the medical examination
report, it transpires that the doctor who examined the victim has
found no sign of any recent or remote injury over the labia
majora, labia minora, or cervix. The hymen was found to be
intact. The age of the victim has been assessed to be between 12
and 14 years. He further submits that, in view of the findings
recorded in the medical examination report, the medical
evidence does not support the allegations levelled against the
petitioner. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 23.02.2026.
Patna High Court CR. MISC. No.27308 of 2026(3) dt.18-06-2026
3/3
6. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for
the State.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-VI, Special Judge, POCSO Act,
Banka in connection with Amarpur P.S. Case No. 738 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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