Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail to the petitioner, holding that the seriousness of the offences and the victim's minority outweigh the bail considerations.
Summary
The petitioner, Dhiraj Kumar, was arrested in connection with a rape case involving a minor, alleged to have assisted the co-accused by holding the victim's legs while the rape was committed. He filed a bail application claiming no prior criminal record, false implication, a two‑day delay in filing the FIR, and the victim's refusal to undergo a medical examination. The prosecution, supported by the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita (BNSS), opposed bail, emphasizing the seriousness of the offences under Sections 65(1) and 70(2) of the BNSS and Sections 4 and 6 of the POCSO Act. The High Court considered the victim’s minority, the gravity of the charges, and the completed charge‑sheet, and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial was directed to proceed expeditiously without undue adjournments.
Issues considered
- Whether bail should be granted to an accused in a rape case involving a minor under the BNSS and POCSO statutes.
- Whether the delay in lodging the FIR and the absence of a medical examination of the victim justify bail.
- Whether the claim of false implication and lack of prior criminal record are sufficient grounds for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 65(1), 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- minor
- BNSS
- POCSO
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55156 of 2025
Arising Out of PS. Case No.-270 Year-2025 Thana- KONCH District- Gaya
======================================================
Dhiraj Kumar S/o Shankar Paswan @ Shanker Resident of Village - Bathani,
P.S. - Konch, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Birju Das, S/O- Sahvir Das R/O Village- Bathani, P.S.- Konch, District-
Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
For the Informant : Mr. Ravi Shankar Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant. Perused
the case diary.
2. The petitioner seeks bail in connection with Konch
P.S. Case No. 270 of 2025 instituted for the offence under
Sections 65(1) & 70(2) of the Bharatiya Nyaya Sanhita, 2023
and Sections 4 & 6 of the POCSO Act.
3. Prosecution case in short is that while the victim
went to attend natural call, co-accused, namely, Purushottam
Kumar, allegedly committed rape with her. It is alleged that
petitioner was holding the legs of the victim.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.55156 of 2025(5) dt.02-02-2026
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that the petitioner is in custody since 13.05.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. There is delay fo two days in lodging the FIR. Petitioner
was not seen fleeing away from the spot, which demonstrates
the false implication of petitioner. Victim has denied for her
medical examination. It is lastly submitted that petitioner has no
concern with the alleged occurrence in any manner.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. As per statement of the victim recorded
under Section 183 of the BNSS, 2023, victim has supported the
prosecution case. Charge sheet has already been submitted in
this case under Sections 65(1) & 70(2) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 4 & 6 of the POCSO Act.
7. Considering the aforesaid facts and circumstances
of the case, taking into account the fact that victim is minor and
charge-sheet is submitted in this case under Sections 65(1) &
70(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6
of the POCSO Act, this Court, for the present, is not inclined to
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enlarge the petitioner on bail. Prayer for bail is hereby rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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