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Patna High Court

Golu YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the offences and the victim's corroborated statement warranted the dismissal of the bail application.

Summary

The petitioner, Golu Yadav, was arrested in connection with a case registered under multiple sections of the B.N.S.S. and Section 4 of the POCSO Act, including allegations of rape. He applied for regular bail, claiming false implication, a clean antecedent, and willingness to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed bail, citing the victim's corroborated statement under Section 183 of the B.N.S.S. and the gravity of the offences. The court examined the seriousness of the charges, the victim's support for the allegations, and the need to ensure the investigation's integrity. Concluding that the offences were grave and the victim's statement was reliable, the court declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving alleged rape and other serious offences under the B.N.S.S. and POCSO Act.

Legislation cited

  • B.N.S.S. — s. 109, 115(2), 118(1), 127(2), 332, 332(C), 3(5), 352, 70(2), 75, 76
  • POCSO Act — s. 4

Subjects

  • bail
  • rape
  • POCSO Act
  • criminal procedure
  • victim statement
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65834 of 2025
                        Arising Out of PS. Case No.-24 Year-2025 Thana- Vasudeva District- Buxar
                 ======================================================
                 Golu Yadav S/o- Suresh Yadav Resident of Village- Kukurbhukka, P.S.
                 Basudeva, District- Buxar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Soni W/o- Ganesh Yadav Resident of Village- Kukurbhukka, P.S. Basudeva,
                 District- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Akhilesh Kumar Pandey, Advocate
                 For the Opposite Party/s :        Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   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

                   Basudeva P.S. Case No. 24/2025 registered for the offences

                   punishable under Sections 127(2), 115(2), 118(1), 70(2), 75, 76,

                   109, 332, 332(C ), 352, 3(5) of B.N.S.S. and Section 4 of

                   POCSO Act.

                                3. As per the prosecution case, petitioner is accused of

                   committing rape with the victim.

                                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.65834 of 2025(4) dt.02-04-2026
                                                          2/2




                        custody since 17.03.2025. 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 on the ground that the victim

                        has supported the allegation in her statement made before the

                        police under Section 183 of B.N.S.S.

                                     6. Considering the gravity of the offence, 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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