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Patna High Court

Pyare Lal BosakversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the petitioner did not merit the privilege under the circumstances.

Summary

The petitioner, Pyare Lal Bosak, sought anticipatory bail in connection with a FIR (Case No. 224 of 2024) alleging offences under sections 65(1), 351(2), 351(3), 352, 89, 3(5) of the Bihar Penal Code and sections 4 and 8 of the POCSO Act. He is the tutor of the alleged victim, a 15‑year‑old girl, and is accused of repeatedly raping her and causing an abortion. The petitioner contended that the allegations are false, citing love letters from the girl and a medical report showing no sign of pregnancy, and argued that the FIR was lodged six days after the alleged incident. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s role as a tutor of a minor. The Court, after considering the submissions, held that the petitioner does not merit the privilege of anticipatory bail and rejected the application.

Issues considered

  • Whether anticipatory bail can be granted to a person accused of multiple offences under the Bihar Penal Code and the POCSO Act involving a minor.
  • Whether the petitioner’s claim of innocence and lack of medical evidence of pregnancy affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • minor
  • POCSO Act
  • false implication
  • tutor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45977 of 2025
                     Arising Out of PS. Case No.-68 Year-2025 Thana- BALIA BELON District- Katihar
                 ======================================================
                 Pyare Lal Bosak S/o Late Sukdev Bosak @ Paltu Bosak @ Pultu Bosak
                 Resident of Village- Shikarpur Ahmandpur, PS- Balia Belon, District- Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Ganesh Kumar Sah S/o Rajendra Prasad Sah R/o vill - Shikarpur (Pachayat
                 Hat), P.S. - Balia Belon, Distt - Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Bimal Kumar, Adv.
                 For the State             :      Mr.Abhay Kumar Roy, APP
                 For OP No. 2              :      Mr.Sanjeev Kr. Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   11-02-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Balia Belon P.S. Case No. 224 of 2024, registered for the

                   offences punishable under Sections 65(1), 351(2), 351(3), 352,

                   89, 3(5) of BNS and Section 4/8 of POCSO Act.

                                 3. The petitioner is tutor of the victim, who is aged

                   about 15 years. According to the allegation, the petitioner, after

                   duping the victim in love and affection, committed rape for

                   multiple times. She became pregnant which was aborted by the

                   petitioner by administering medicine.

                                 4. The learned counsel for the petitioner has submitted
           Patna High Court CR. MISC. No.45977 of 2025(4) dt.11-02-2026
                                                       2/2




                     that the petitioner is innocent and has falsely been implicated.

                     The victim had written several letters to the petitioner which

                     shows that there was love and affection between the petitioner

                     and the victim. It has further been submitted that FIR was

                     lodged after six days and according to the medical report, no

                     sign of pregnancy was detected.

                                  5. On the other hand, the learned APP for the State

                     and the learned counsel for the informant have opposed the

                     prayer for bail by submitting that the petitioner, being the tutor,

                     committed rape for multiple times with a minor girl, aged about

                     15 years.

                                  6. Considering the above-mentioned facts and

                     circumstances, in my view, the petitioner doesn’t deserve the

                     privileges for anticipatory bail. Accordingly, it is rejected.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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