Patna High Court
Sahul BindversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sahul Bind, was arrested on 3 October 2025 in connection with a case registered on 26 September 2025 alleging that he raped a six‑year‑old girl. The FIR charges him under Sections 64/65(2) of the BNS Act and Sections 4 and 8 of the POCSO Act. The petitioner’s counsel argued that the allegations were fabricated and that no offence was committed. The State, represented by the Additional Public Prosecutor, countered that the medical report of the victim corroborated the rape allegation. Considering the seriousness of the charge involving a minor and the supporting medical evidence, the Court declined to grant bail. Consequently, the petition for bail was refused.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged rape of a minor, given the seriousness of the offence and the existence of medical evidence.
Legislation cited
Subjects
- bail
- POCSO
- sexual assault
- minor
- medical evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27985 of 2026
Arising Out of PS. Case No.-516 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Sahul Bind S/O Anil Bind R/O Anantpur, P.S. Ghosi (Okri), District-
Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O YYY R/O Anantpur, P.S.- Ghoshi (Okri), Distt.- Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr.Rakesh Kumar, learned counsel for the
petitioner and Mr.Mithlesh Kumar Khare, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
03.10.2025 in connection with Ghoshi (Okri) P.S. Case No. 516
of 2025, F.I.R. dated 26.09.2025 registered for the offence
punishable under Sections 64/65(2) of BNS and Sections 4/8 of
the POCSO Act.
3. Allegation against the petitioner is that he took the
victim (a six years minor girl) near Khanda and raped her.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.27985 of 2026(2) dt.27-04-2026
2/2
alleged in the FIR.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the allegation against the petitioner is that he took
the victim (only six years minor girl) near Khanda and raped
her, apart from that, the medical report of the victim also
supports the allegation as alleged in the FIR.
6. Considering the nature of allegation against the
petitioner in the FIR supported by the medical evidence, I am
not inclined to enlarge the petitioner on bail in connection with
Ghoshi (Okri) P.S. Case No. 516 of 2025 pending in the court of
learned Additional Sessions Judge-VI-cum-Spl. Judge
(POCSO), Jehanabad or Successor Court.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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