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Patna High Court

GUDIYA DEVIversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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