Patna High Court
Angesh Kushwaha @ Agesh KushwahaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court denied bail to the petitioner, holding that the seriousness of the allegations and the victim’s corroborated statement preclude release on bail.
Summary
The petitioner, Angesh Kushwaha, was arrested in connection with a case registered under Sections 64(1), 65(1), 70(2), 3(5) of the B.N.S and Sections 4 and 6 of the POCSO Act, alleging gang‑rape of a minor. He applied for bail, contending that the FIR indicated the victim had left the house after a phone call from another person, Munna Ansari, and that the medical report showed no evidence of sexual assault, suggesting a false allegation. The State opposed bail, emphasizing the seriousness of the charges and the victim’s corroboration of the allegations under Section 183 of the B.N.S.S. The Court considered the gravity of the offences, the age of the victim, and the victim’s statement, and concluded that the seriousness warranted denial of bail. Consequently, the petition for bail was rejected.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged gang‑rape of a minor under the POCSO Act and related sections of the B.N.S.
Legislation cited
Subjects
- bail
- POCSO Act
- gang‑rape
- minor
- serious offence
- medical evidence
- false allegation
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70109 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Angesh Kushwaha @ Agesh Kushwaha son of Vikram @ Vikrama Kushwaha
@ Vikram Kushwaha Resident of Village- Ramadhar PS- Padarauna, Dist-
Kushi Nagar UP
... ... Petitioner/s
Versus
1. The State of Bihar
2. Surendra Yadav Son of Late Rameshwar Yadav Resident of Village- Jogi
Tola, Ps- Dhanaha, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithvi Nath Mishra
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 10-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 64(1), 65(1), 70(2), 3(5) of
the B.N.S and Section 4 and 6 of the POCSO Act.
3. Learned counsel for the petitioner submits that the
First Information Report itself indicates that the informant’s
minor daughter had left the house after attending to a phone call
which was made by one Munna Ansari and not the petitioner. It
has been further submitted that the victim had herself left the
house and subsequently a false allegation has been made on the
accused persons including the present petitioner. It has also been
submitted that the medical report does not corroborate the
Patna High Court CR. MISC. No.70109 of 2025(5) dt.10-02-2026
2/2
prosecution version as no evidence of sexual assault was found
on the person of the victim. The petitioner is in custody since
26.05.2025 and the charge-sheet has been submitted.
4. Learned APP for the State has opposed the
application for bail on the ground of seriousness of allegations
made in the FIR of committing gang-rape.
5. Taking into consideration the seriousness of the
allegations and also considering that the case has been
supported by the victim in her statement under Section 183 of
the B.N.S.S., coupled with the age of the victim, I am not
inclined to enlarge the petitioner on bail.
6. Accordingly, his prayer for bail is rejected in
connection Dhanaha P.S. Case No. 166 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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