Patna High Court
Golu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
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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