Patna High Court
Daya Singh @ Dayashankar Singh @ Dayanand SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail could not be granted in view of the seriousness of the offences and the victim's corroborated statement.
Summary
The petitioner, Daya Singh, sought anticipatory bail after being implicated in a case registered under Sections 366A and 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly raping the minor daughter of an informant. The prosecution presented a recorded statement of the victim under Section 164 of the Criminal Procedure Code, in which she affirmed the allegations. The High Court examined the seriousness of the offences, the credibility of the victim’s statement, and the potential for misuse of bail in such grave crimes. Considering the gravity of the charges and the uncontroversial victim testimony, the Court found no sufficient ground to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting or refusing anticipatory bail under Section 438 of the CrPC in a case involving alleged rape of a minor under IPC and POCSO provisions?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 366A, 376
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- anticipatory bail
- rape
- child sexual abuse
- IPC
- POCSO
- Criminal Procedure Code
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7063 of 2026
Arising Out of PS. Case No.-555 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Daya Singh @ Dayashankar Singh @ Dayanand Singh Son of Late Lallan
Singh R/o Village - Masahi, P.S. - Bhawanpur, Dist. - Kaimur at Bhabhua.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX Son of YYYY R/o Village - Gaura, P.S. - Bhagwanpur, Dist. -
Kaimur at Bhabhua.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 366A, 376 of the Indian
Penal Code and Section 6 of the Protection of Children from
Sexual Offences Act.
3. As per prosecution case, this petitioner committed
rape with minor daughter of the informant on pretext of
providing job. Victim in her statement, recorded under Section
164 of the Cr.P.C., has supported the prosecution case and has
categorically stated that this petitioner committed rape with her.
4. In view of the gravity of the offence and statement
Patna High Court CR. MISC. No.7063 of 2026(2) dt.11-02-2026
2/2
of the victim recorded under Section 164 Cr.P.C., prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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