Patna High Court
Pinku Ray @ Pinku Kumar @ Pintu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was denied because the victim’s statement and the seriousness of the offence outweigh the absence of medical injuries.
Summary
Petitioner Pinku Ray was charged under several sections of the Bihar Narcotic and Smuggling (BNS) Act and Sections 4 and 6 of the POCSO Act for allegedly raping a 14‑year‑old girl after rendering her unconscious. He applied for bail, arguing that medical examinations revealed no incriminating injuries, that the investigation was complete, and that he has a clean antecedent. The State opposed, contending that medical evidence is not essential for a rape conviction, the victim’s statement under Section 183 of the BNS Act corroborates the allegation, and the trial is expected to conclude within six months as mandated by Section 35(2) of the POCSO Act. The Court held that the seriousness of the offence and the victim’s recorded statement outweigh the lack of medical proof, and therefore rejected the bail application. The trial court was directed to complete the trial within the statutory timeline, after which the petitioner may seek bail again.
Issues considered
- Whether bail should be granted to the accused in an aggravated penetrative sexual assault case under the POCSO Act despite lack of medical evidence of injury.
- Whether the victim’s statement under Section 183 of the BNS Act suffices to sustain the charge in the absence of physical evidence.
- Whether the trial can be expected to conclude within the period prescribed under Section 35(2) of the POCSO Act.
Legislation cited
- Protection of Children from Sexual Offences (POCSO) Act — s. 35(2), 4, 6
Subjects
- bail
- sexual assault
- POCSO Act
- minor victim
- medical evidence
- trial timeline
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54698 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Pinku Ray @ Pinku Kumar @ Pintu Ray S/o- Shiv Shankar Rai @
Shivshankar Ray Village- Mansoorpur Halaiya PS- Goraul, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Victim X D/o- Md. Isha Village- Beruadih Ps- Bariyarpur Dist- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 25-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Mahua
P.S. Case No. 264 of 2025 registered for the offence under
Sections 137(2), 87, 64, 351 and 3(5) of the BNS and Section
4/6 of the POCSO Act.
3. The petitioner is named in the F.I.R. and is in custody
since 05.03.2025.
4. The allegation against the petitioner is to commit
rape/penetrative sexual assault upon informant aged about 14
years after making her unconscious.
5. Learned counsel appearing on behalf of the petitioner
submitted that petitioner was examined medically, immediately
after the occurrence, but upon his examination no incriminating
material surfaced in support of the allegation. It is submitted that
the victim was also examined and if the allegation of aggravated
penetrative sexual assault as she alleged to committed rape by two
Patna High Court CR. MISC. No.54698 of 2025(7) dt.25-02-2026
2/3
co-accused persons, then certainly some injuries must be found in
and around her private part, which was not available, therefore,
allegation as raised against petitioner not appears convincing. It is
submitted that petitioner is in custody since last 11 months and till
now only one witness i.e., informant was examined by the learned
Trial Court suggesting prima-facie that trial of this case is not likely
to conclude in the near future. While concluding the argument, it
is submitted that petitioner is a man of clean antecedent and
moreover, investigation of this case is completed, for which
charge-sheet has been submitted, as such, there is no chance of
tampering with the evidence.
6. Learned APP while opposing the prayer of bail
submitted that it is a case of aggravated penetrative sexual
assault, where informant/victim aged about 14 years was raped by
petitioner and other named co-accused person. It is submitted that
none finding of injury upon medical examination does not lead to
conclusion ipso-facto that rape/penetrative sexual assault was not
committed upon as rape is a legal finding not a medical one. It is
submitted that charge-sheet in this matter was submitted on
27.04.2025, whereafter cognizance was taken in the month of
May and therefore, by all probability within next 6 months the trial
would be concluded in view of Section 35(2) of the POCSO Act
Patna High Court CR. MISC. No.54698 of 2025(7) dt.25-02-2026
3/3
and, therefore, the argument as advanced by learned counsel for
the petitioner that trial would not conclude in the near future not
appears convincing. It is also submitted that victim supported the
occurrence and allegation qua petitioner while recording her
statement under Section 183 of the BNSS with allegation to push
her in flesh trade by one of the co-accused.
7. Despite of service of notice, informant/OP No. 2
failed to join present pending proceedings.
8. Considering the aforesaid factual submission and
by taking note of fact as allegation qua committing
rape/penetrative sexual assault is specifically available against
petitioner in terms of statement of victim as recorded under
Section 183 of the BNSS, coupled with the fact as allegation of
pushing victim into flesh trade is also available, accordingly, the
prayer for bail of the petitioner stands rejected.
9. Learned Trial Court is directed to conclude the
trial, positively, within timeline as preferred under Section 35(2) of
the POCSO Act, failing which petitioner may renew his prayer of
bail, if so advised.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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