Patna High Court
Rohit Prasad @ Rohit Kumar @ RohitversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rohit Prasad, was charged with rape under Section 64 of the BNS, Section 4 of the POCSO Act, and Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act. The prosecution alleged that he entered the informant’s house and raped her, while the victim’s statements under Sections 180 and 183 of the BNSS were contradictory – one alleging rape and the other stating only that the petitioner disrobed and slept over her. The medical examination found no external injuries or evidence of recent sexual intercourse. The petitioner’s counsel argued that the allegations were false, there was no medical corroboration, the petitioner has no prior criminal record, and he has been in custody since 29‑05‑2025. The State and the informant opposed bail. Considering the lack of medical evidence, contradictory statements, and the petitioner’s clean record, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused in a rape case under the BNS, POCSO Act and SC/ST Act despite contradictory victim statements and lack of medical evidence.
Legislation cited
Subjects
- bail
- rape
- POCSO
- SC/ST Act
- contradictory statements
- medical evidence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69668 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- KOPA District- Saran
======================================================
Rohit Prasad @ Rohit Kumar @ Rohit S/o- Daroga Prasad Resident of
Village- Kasai Tadwa PO- Tarwan Pojhiya PS- Kopa District- Saran at Chapra
Bihar 841205
... ... Petitioner/s
Versus
1. The State of Bihar
2. X C/o- Sanjay Sah R/v- Kasai Tadwa PO- Tarwan Pojhiya PS- Kopa Dist-
Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mrs. Usha Kumari 1, APP
For the Informant : Mr. Krishna Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 02-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 64 of the
BNS, under Section 4 of the POCSO Act and under Sections
3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.
3. The case of the prosecution, in short, is that while
the informant was alone at her home, the petitioner entered in
her house and committed rape with her.
4. Learned counsel for the petitioner submits that
during course of investigation, the victim has given her
statement under Sections 180 and 183 of the BNSS. In her
Patna High Court CR. MISC. No.69668 of 2025(4) dt.02-02-2026
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statement recorded under Section 180 of the BNSS she has
stated that the petitioner has committed rape with her whereas in
her statement recorded under Section 183 of the BNSS she has
stated that the petitioner disrobed her and slept over her. In
medical examination the Doctors have found no sign of any
external injury on any body part of the informant. Learned
counsel for the petitioner has further submitted that the
petitioner is neighbour of the informant. The allegations levelled
against the petitioner are false and frivolous. Learned counsel
for the petitioner has further submitted that there is no objective
finding regarding rape in the medical examination of the victim
and doctors have opined that there is no evidence to suggest
commission of recent sexual intercourse. Learned counsel for
the petitioner has lastly submitted that the petitioner is having
no criminal antecedent and is in judicial custody since
29.05.2025.
5. Learned Additional Prosecutor for the State and
learned counsel for the Informant have vehemently opposed the
bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.69668 of 2025(4) dt.02-02-2026
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bail in connection with Kopa P.S. Case No. 130 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Additional Sessions Judge, POCSO, Saran at
Chapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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