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Patna High Court

Santosh Yadav @ Santosh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          2/2




                        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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