Patna High Court
Omprakash Baitha @ Om Prakash BaithaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is not entitled to bail; the application for regular bail is denied.
Summary
Omprakash Baitha was charged in a criminal miscellaneous case for alleged rape of a seven‑year‑old girl and related offences under Sections 65(2), 123, 3(5) of the BNS and Section 4 of the POCSO Act. The prosecution alleged that Baitha, with co‑accused, raped the minor and that another co‑accused had administered an intoxicating substance to the victim’s husband. Baitha contended that he was falsely implicated, claiming he was merely a co‑passenger who had consumed liquor with the victim’s father and that an altercation led to his arrest; he had been in custody since 14‑Nov‑2024. The State opposed bail, highlighting the seriousness of the alleged sexual assault and forensic evidence of the victim’s blood‑stained garments. The Court examined the gravity of the charges, the evidence presented, and the risk of tampering or further offences, and concluded that the petitioner did not merit the privilege of bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged rape of a minor under the POCSO Act and related offences under the BNS.
Legislation cited
Subjects
- regular bail
- rape
- minor
- POCSO Act
- BNS
- criminal procedure
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59642 of 2025
Arising Out of PS. Case No.-98 Year-2024 Thana- SAHODARA District- West Champaran
======================================================
Omprakash Baitha @ Om Prakash Baitha S/o Madan Baitha R/o Purani
Bazar, Ward No. 09, P.O.- Narkatiaganj, P.S.- Shikarpur, District- West
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Devi Asthan, Ward No.14, P.O.- Narkatiaganj, P.S.- Shikarpur,
District- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manaur Alam, Adv.
For the Opposite Party/s : Mr.J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 03-02-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Sahodara P.S. Case No. 98 of 2024, registered for the
offences punishable under Sections 65(2), 123, 3(5) of the BNS
and Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner with the
assistance of the other co-accused, committed rape on the minor
daughter of the informant. Further allegation is against co-
accused Satyendra Paswan that he administered intoxicated
substance to the informant’s husband.
4.The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.59642 of 2025(3) dt.03-02-2026
2/2
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the father of the victim
and the petitioner were co-passengers. The father of the victim,
the petitioner and other co-accused persons consumed liquor,
and due to some altercation, the petitioner has falsely been
implicated. The petitioner has been in custody since 14.11.2024.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail and submitted that the petitioner
sexually ravished a minor child of seven years and her
garments, soaked with blood, were recovered and sent for FSL
examination.
6. In my view, the petitioner does not deserve the
privileges of bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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