Patna High Court
Md. Chunna @ ChunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md. Chunna, was arrested in connection with a case alleging rape of the minor daughter of an informant, under Sections 127(2), 64, 70(1), 70(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The petitioner applied for bail, claiming innocence, lack of specific allegations, and that no medical examination or TI‑parade had been conducted, while also noting his clean record. The State opposed bail, contending that specific rape allegations were made and the victim’s statements under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, supported the prosecution. The Court examined the seriousness of the offences, the presence of specific allegations, and the gravity of the crime, and concluded that bail could not be granted. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a rape case involving a minor under the BNS 2023 and POCSO Act.
- Whether the absence of a medical examination or TI‑parade and the claim of general allegations affect the bail eligibility.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 180, 183
- Bharatiya Nyaya Sanhita, 2023 — s. 127(2), 64, 70(1), 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- child sexual abuse
- POCSO
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34941 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- KAHALGAON District- Bhagalpur
======================================================
Md. Chunna @ Chunna S/o Md. Jallo Resident of Village- Purab Tola,
Kahalgaon, PS- Kahalgaon, Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Devi W/o Jay Kumar Sah Resident of Jangal Gopali, Kahalgaon, PO-
Lakshmipur Babhania, PS- Kahalgaon, Distt.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
Mr. Ravi Prakash Dwivedi, Advocate
Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 02-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary. Despite valid
service of notice, none appeared on behalf of the informant.
2. The petitioner seeks bail in connection with
Kahalgaon P.S. Case No. 57 of 2025, instituted for the offences
punishable under Sections 127(2), 64, 70(1), 70(2) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 4 and 6 of
POCSO Act.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons have committed rape upon
minor daughter of the informant.
Patna High Court CR. MISC. No.34941 of 2025(6) dt.02-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that no
specific allegation has been attributed against the petitioner
rather the same is general and omnibus in nature. It is further
submitted that the petitioner has been arrested only on the basis
of suspicion. Neither any T.I. parade nor any medical
examination of the petitioner has been conducted. The petitioner
is in custody since 19.02.2025 and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submitted that
there is specific allegation of committing rape against the
petitioner and other co-accused persons. It is further submitted
that the victim has also supported the prosecution case in her
statement recorded under Sections 180 and 183 of the Bharatiya
Nagarik Suraksha Sanhita, 2023. Hence, the petitioner does not
deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.34941 of 2025(6) dt.02-02-2026
3/3
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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