Patna High Court
Chandan RishiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner as the court was not inclined to grant relief at this stage.
Summary
The petitioner, Chandan Rishi, was charged under section 65(1) of the BNS, 2023 and section 4 of the POCSO Act for alleged rape of a minor girl. He claimed false implication arising from a family dispute and highlighted that the victim’s father discovered her, not the victim herself, and that the medical report showed no injuries or spermatozoa, with the victim’s age estimated between 14 and 17. The State opposed bail, relying on the victim’s statement under section 183 of BNSS that she was about 13 and corroborated the FIR allegations. The court, considering the victim’s recorded statement and the seriousness of the offence, refused bail at this stage. However, the court allowed the petitioner to renew his bail plea if no substantial progress occurs in the investigation within six months.
Issues considered
- Whether bail should be granted to the accused under the POCSO Act and BNS, 2023 in view of the victim’s statement and medical evidence
- Whether the allegations constitute a false implication arising from a family dispute
Legislation cited
- BNS, 2023 — s. 65(1)
- BNSS — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- POCSO
- minor victim
- false implication
- medical examination report
- section 183 statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69170 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- BANMANKHI District- Purnia
======================================================
Chandan Rishi S/O Sri Rama Rishi Resident of Dhokardhara ward no. 4, P.S.-
Banmankhi, Dist.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Fekani Devi W/O Sri Mantu Rishi Resident of Vill.- Dhokardhara ward no.
4, P.S.- Banmankhi, Dist.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Adv.
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. No one appears on behalf of opposite party
no.2 despite valid service of notice.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Special Case No.94 of 2025,
arising out of Banmankhi P.S. Case No. 64 of 2025 registered
under section 65(1) of BNS, 2023 and Section 4 of POCSO Act.
3. Allegation in the F.I.R is that petitioner committed
rape with the informant’s minor daughter.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the present case
because of dispute between the family members of petitioner
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and victim. It has further been submitted that a perusal of the
F.I.R would indicate that no alarm was raised by the victim and
it was her father who found her in the garden of the house where
the petitioner is said to have engaged in sexual assault with her.
Further, medical examination report shows that age of the victim
to be between 14 to 17 years. No injury was found on the
private parts of the body as also no spermatozoa was detected in
the vaginal swab. The petitioner is in custody since 07.03.2025
with no criminal antecedent and after framing of charge no
progress has been made in the case.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that victim is a minor girl aged
about 13 years, as per her own statement recorded under Section
183 of BNSS and also as per assessment of Court, in which she
has supported the allegations made in the F.I.R with regard to
sexual assault made upon her by the petitioner.
6. Taking into consideration the aforesaid facts and
circumstances of the case and specially considering the
statement of the victim recorded under Section 183 of BNSS, I
am not inclined to grant bail to the petitioner at this stage and
the application is rejected.
7. However, liberty is granted to the petitioner to
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renew his prayer for bail if no substantial progress would take
place in the case within a period of six months.
(Soni Shrivastava, J)
Harsh/-
U T
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