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Patna High Court

Prince Kumar Rai @ Prince YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court dismissed the petition, refusing to quash the cognizance order as the Special Court had correctly found a prima facie case against the petitioners.

Summary

The petitioners, three brothers, filed a petition seeking to quash the order dated 21.03.2024 in which a Special Court took cognizance against them under Section 376DA of the IPC, Section 27 of the Arms Act and Section 6 of the POCSO Act. The prosecution alleged that the brothers abducted and assaulted a 14‑year‑old girl, with the victim’s statement under Sections 161 and 164 CrPC naming other accused but not the petitioners, and a medical examination finding no evidence of sexual assault. The petitioners contended that they were falsely implicated, that the final report exonerated them, and that no prima facie case existed. The Special Court, however, examined the FIR, final report, diary, victim’s statements, medical report, and other material and concluded that a prima facie case existed, thereby taking cognizance. The High Court held that the Special Court’s finding was not amenable to interference and dismissed the petition as devoid of merit.

Issues considered

  • The High Court’s power to quash a cognizance order when the Special Court has found a prima facie case.
  • Whether the evidence on record, including the victim’s statements and medical report, suffices to sustain cognizance under Section 376DA IPC, Section 27 Arms Act and Section 6 POCSO.
  • Whether the final report exonerating the petitioners can override the Special Court’s assessment.

Legislation cited

Subjects

  • POCSO
  • rape
  • cognizance
  • quash order
  • special judge
  • prima facie case
  • criminal procedure
  • Section 376DA
  • Arms Act
  • Section 6 POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39755 of 2024
                      Arising Out of PS. Case No.-7 Year-2024 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
           1.     Prince Kumar Rai @ Prince Yadav Son of Anish Rai Resident of Village-
                  Dumaria, P.S- Gidha, District- Bhojpur at Ara
           2.    Chandan Kumar Rai @ Chandan Yadav Son of sarvanand Ray Resident of
                 Village-Dumaria, P.S- Gidha, District- Bhojpur at Ara
           3.    Rohit Kumar Rai @ Rohit Yadav Son of Hari Mohan Yadav Resident of
                 Village-Dumaria, P.S- Gidha, District- Bhojpur at Ara
                                                                       ... ... Petitioners
                                                   Versus
           1.    The State of Bihar Patna
           2.     Upendra Kumar Singh Son Late Baccha Singh Resident of Village-
                  Mokampur, P.S- Gidha O.P,(Gidha) , District- Bhojpur at Ara
                                                                       ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Shaishav Kumar, Advocate
                 For the Opposite Party-State:    Mrs. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        CAV ORDER

3   08-05-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are seeking quashing of the

                   impugned order dated 21.03.2024, passed in POCSO P.S. Case

                   No. 38 of 2024, arising out of Mahila P.S. Case No. 07 of 2024,

                   by the learned Additional District and Session Judge-VI-cum-

                   Special Judge. POCSO, Ara, by which the learned Special Court

                   was pleased to take cognizance against the petitioners for the

                   offences punishable under Section 376 DA of the Indian Penal
Patna High Court CR. MISC. No. 39755 of 2024(3) dt.08-05-2026
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          Code, Section 27 of the Arms Act and                  Section 6 of the

          Protection of Children from Sexual Offences Act (POCSO Act).

                       3. The prosecution case, as per the written report of

          the informant, is to the effect that, on 01.02.2024, the informant

          had gone to attend a marriage ceremony in the village along

          with his elder son. At about 21:08 hours, the wife of the

          informant called the informant and told him to come to the

          house as some boys had kidnapped their daughter (‘the victim’)

          on the point of pistol. It has further been alleged that when the

          informant reached his house along with his elder son and

          enquired into matter, his younger son, aged about ten years, told

          the informant that he and his sister, the victim, aged about 14

          years, were studying in the front room of the house, then

          accused Dheeraj Yadav, Chandan Yadav, son of Sarvanand Rai,

          Vishal Yadav, Chandan Yadav son of Madan Rai, Prince Yadav

          and Rohit came there. They started abusing the informant and

          also told that they belong to a particular political party and all

          the aforesaid accused persons took her sister, the victim. It has

          further been alleged that search was made and during the course

          of search, the informant found the victim in an injured condition

          two kilometers away in an orchard and her clothes were not in

          order. It has further been alleged that upon information to the
Patna High Court CR. MISC. No. 39755 of 2024(3) dt.08-05-2026
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          police, the victim was taken to a nearby hospital for treatment.

                       4. Learned counsel for the petitioners has submitted

          that the petitioners have been falsely implicated in this case. It

          has further been submitted that after investigation, the allegation

          with respect to the petitioners were not found true and they were

          not sent up for trial, but the learned Magistrate, differing with

          the final form, took cognizance against the petitioners and

          others by the impugned order. It has also been submitted that the

          victim girl, in her statement recorded under Section 161 and 164

          CrPC, had not named the petitioners and has only named co-

          accused Vishal and Dheeraj and has stated that Dheeraj had

          raped her. It has further been submitted that in the medical

          examination of the victim girl, no evidence of rape or sexual

          assault was found on her body. Learned counsel for the

          petitioners has also submitted that in the facts and circumstances

          no prima facie case is made out against them.

                       5. Learned counsel for the State has vehemently

          opposed the prayer of the petitioners.

                       6. It is pertinent to mention that the learned Special

          Court while passing the impugned order taking cognizance has

          considered the entire materials as collected during the

          investigation and took cognizance against the petitioners
Patna High Court CR. MISC. No. 39755 of 2024(3) dt.08-05-2026
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          differing with the final form. Learned Special Court has

          considered the statement of victim recorded under Section 161

          and 164 CrPC, apart from the statement of other witnesses, who

          have fully supported the case against the petitioners. The

          learned Special Court has considered the entire materials against

          the petitioners including FIR, final form, diary, statement of the

          victim recorded under Section 164 CrPC, medical evidence,

          FSL report and the date of birth. The learned Special Court,

          having      considered       the     materials        collected   during   the

          investigation, has not accepted the final form submitted in

          favour of the petitioners and differing with the final form, took

          cognizance against the petitioners.

                       7. Heard the parties and perused the record.

                       8. In view of the aforementioned facts and

          circumstances, the fact that the case being under Section 376

          DA of the IPC, Section 27 Arms Act and Section 6 of the

          POCSO Act, the seriousness of the allegation against the

          petitioners and the finding of learned Special Court, which has

          found the prima facie case against the petitioners, this Court is

          not inclined to interfere with the impugned order taking

          cognizance.

                       9. The application is devoid of merit and is
           Patna High Court CR. MISC. No. 39755 of 2024(3) dt.08-05-2026
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                     accordingly dismissed.



                                                (Praveen Kumar, J)
Pawan/-

AFR/NAFR              NAFR
CAV DATE              01.05.2026
Uploading Date        08.05.2026.
Transmission Date     08.05.2026.


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