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Patna High Court

Aashish Singh @ Aashis SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court declined to grant bail, permitting a fresh application after three months if the trial is not concluded.

Summary

The petitioner, Aashish Singh, was charged under IPC Sections 376 (rape) and 506 (criminal intimidation) and Section 6 of the POCSO Act for allegedly raping a minor. An earlier bail petition was rejected with permission to reapply after six months. The petitioner argued that the victim’s family filed affidavits denying the incident and that the trial was at its final stage, with prosecution witnesses already examined and defence evidence pending. The court noted that despite the trial’s progress, it was not yet concluded and therefore was not inclined to grant bail at this stage. The judge allowed the petitioner to renew his bail application after three months if the trial remained unfinished and directed the trial court to finish the trial within that period. Consequently, the bail petition was dismissed for now.

Issues considered

  • Whether regular bail should be granted to the accused at the stage of trial for offences under IPC Sections 376, 506 and POCSO Act Section 6.

Legislation cited

Subjects

  • bail
  • rape
  • minor
  • IPC
  • POCSO
  • regular bail
  • trial stage
  • affidavit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4752 of 2026
                 Arising Out of PS. Case No.-17 Year-2024 Thana- MAHILA P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Aashish Singh @ Aashis Singh Son of Tega Singh Resident of Village and
                 P.O.- Bharari, P.S.- Chand, District- Kaimur (Bhabua)

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X C/o Upendra Sah Resident of Village- Rasulpur Karmahni, Ward No. 1,
                 P.O. and P.S.- Mohania, District- Kaimur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Mahila P.S. Case No. 17 of 2024 registered for

                   the offence punishable under Sections 376 & 506 of the Indian

                   Penal Code and under Section 6 of the POCSO Act.

                                3. Learned counsel for the petitioner has submitted

                   that earlier the bail petition of this petitioner was rejected vide

                   order dated 21.01.2025 with a liberty to renew his prayer for

                   bail after six months.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that in this case the victim and her
            Patna High Court CR. MISC. No.4752 of 2026(3) dt.11-03-2026
                                                        2/2




                      family members have filed affidavit denying the occurrence. In

                      this case a report from learned trial court was called from

                      regarding the status of trial and from perusal of the report of the

                      learned trial court it is clear that all the prosecution witnesses

                      have been examined and the case is fixed for defence evidence.

                                   5. Short facts of the case is that the petitioner who is

                      said to be a priest of temple has committed rape with a minor

                      girl.

                                   6. Since the trial is at its fag end, I am not inclined to

                      grant bail to the petitioner at this stage, however, he may renew

                      his prayer for bail after three months if the trial is not

                      concluded. Learned trial court is directed to conclude the trial

                      within that period positively.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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