Patna High Court
GUDIYA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to petitioner no. 3 and conditionally permitted petitioners no. 1 and 2 to reapply after three months or after charge‑framing.
Summary
The petitioners—Gudiya Devi, Rubeena Khatoon and Jitendra Prasad—applied for regular bail in a case registered under sections 140(3), 143, 144 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 4, 6 and 12 of the POCSO Act. The prosecution alleges that the accused kidnapped a minor girl for work in an orchestra and that petitioner no. 3 committed rape. The petitioners contend they have been falsely implicated, have no prior criminal record and have been in custody since 13 July 2025, noting that a co‑accused was previously released on bail. The State, relying on the victim’s statement recorded under section 183 of the B.N.S.S., opposed bail. The court, after hearing both sides, refused bail to petitioner no. 3 and allowed petitioners no. 1 and 2 to renew their bail application after three months or after charge‑framing, whichever is later.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and rape case involving a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the victim’s statement under section 183 of the B.N.S.S. justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 140(3), 143, 144, 183, 3(5)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 4, 6
Subjects
- bail
- kidnapping
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70620 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
1. Gudiya Devi W/o- Jitendra Prasad R/v- Pachpakariya Kala Dumra Tulsi
Siwan Ps- Tarwara Dist- Siwan
2. Rubeena Khatoon W/o- Md. Sahanwaj R/v- Rasidpur W.No-6, Ps- Khajoli
Dist- Madhubani
3. Jitendra Prasad @ Jitendra S/o- Jagarnath Prasad R/v- Pachpakariya Kala
Dumra Tulsi Siwan Ps- Tarwara Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bhawna (UID No. 2081642), D/O- Rajendra singh R/O village- Khampur,
P.O.- Khampur, P.S.- Alipur, Delhi-110036
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
Mr. Manoj Kumar Singh, Advocate
Mr. Ankit Kumar Singh, Advocate
Mr. Prabhat Kumar, Advocate
Mr. Sanjay Kumar Singh, Advocate
Mr. Rana Vikram Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Bhimnagar P.S. Case no.
53 of 2025 registered under sections 140(3), 143, 144 and 3(5)
of the Bharatiya Nyaya Sanhita, 2023 and sections 4, 6 and 12
of the POCSO Act.
3. As per the prosecution case, the petitioners are said
to have kidnapped the minor girl for the purpose of working in
Patna High Court CR. MISC. No.70620 of 2025(3) dt.21-01-2026
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an orchestra. There is further allegation of the petitioner no. 3
having committed rape on her.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. No such
occurrence as alleged, specially against petitioner no. 3, has taken
place. The petitioners have no criminal antecedent and are in custody
since 13.7.2025. Chargesheet has been submitted in the case. It is
further submitted that co-accused Mithlesh Kumar Premchandra
Bhagat has been enlarged on bail vide order dated 22.12.2025 passed
in Cr. Misc. no. 65877 of 2025.
5. The application for bail is opposed by learned
counsel appearing for the opposite party no. 2. It is submitted
that there is direct allegation against the petitioners and the same
has been supported by the victim girl in her statement recorded
under section 183 of the B.N.S.S.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of the petitioners having
kidnapped the minor girl together with the allegation of rape
having been committed by the petitioner no. 3 and the same
having been supported by the minor victim in her statement
under section 183 B.N.S.S., the Court is not inclined to enlarge the
petitioners on bail and the application is rejected.
Patna High Court CR. MISC. No.70620 of 2025(3) dt.21-01-2026
3/3
7. So far as petitioner nos. 1 and 2 are concerned, liberty is
granted to them to renew their prayer for bail after three months or
after framing of charge, whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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