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Patna High Court

Md. GudduversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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