Patna High Court
Santosh Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted due to the gravity of the offences and the trial being on the verge of conclusion.
Summary
The petitioner, Santosh Yadav, applied for regular bail in a case registered under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act, alleging a sexual relationship with a minor. The prosecution alleged that the petitioner had established a physical relationship with the minor victim. The petitioner’s counsel argued that he was falsely implicated, had a clean antecedent, and was willing to cooperate with the trial. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offences. Considering the gravity of the charges and that the trial was close to conclusion, the court refused bail and dismissed the application.
Issues considered
- Whether bail should be granted to an accused of offences under Section 376 IPC and Section 6 POCSO Act given the seriousness of the crime and the stage of the trial
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- bail
- rape
- POCSO
- minor
- criminal procedure
- high court
- denial of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65632 of 2025
Arising Out of PS. Case No.-38 Year-2022 Thana- BHAGWANGANJ District- Patna
======================================================
Santosh Yadav @ Santosh Kumar S/O Ashok Yadav @ Ashok Singh R/O
village- Khainiya, PS- Bhagwan Ganj, District- Patna,Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindiya Devi W/O Girija Chaudhary R/O village- Devaria, PS- Bhagwan
Ganj, District- Patna,Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fahar Imran, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Bhagwan Ganj P.S. Case No. 38/2022 registered for the offences
punishable under Section 376 of Indian Penal Code and Section
6 of POCSO Act.
3. As per the prosecution case, petitioner is accused of
establishing physical relationship with the victim, who was a
minor.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has clean antecedent and he is in
Patna High Court CR. MISC. No.65632 of 2025(8) dt.02-04-2026
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custody since 04.04.2022.The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence as well as
the fact that the trial is on the verge of conclusion, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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