Patna High Court
Gaji Amanullah @ Chhotu @ Gaji AmarullahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted at this stage and dismissed the petition.
Summary
The petitioner, Gaji Amanullah, was arrested in connection with a case registered under Sections 64 and 62 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 7 of the POCSO Act, alleging an attempt to rape the informant's minor daughter. He applied for bail, claiming innocence, lack of criminal antecedents, and that the victim refused a medical examination. The State and the informant opposed bail, relying on the victim's statement recorded under Section 183 of the Bharatiya Nagarika Suraksha Sanhita, 2023, which they said corroborated the FIR. The court examined the seriousness of the offences, the victim's statement, and the statutory provisions governing bail in sexual offence cases. Concluding that the circumstances did not warrant release, the court rejected the bail application.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged attempt to rape a minor under the POCSO Act and sections of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 62, 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 7
Subjects
- bail
- sexual offence
- POCSO
- minor
- victim statement
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72767 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- PARANDABAR District- Nawada
======================================================
Gaji Amanullah @ Chhotu @ Gaji Amarullah Son of Late Asmat Karim
Resident Of Village -Khatangi Ps- Parnadabar District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of Md. Khairul Resident Of Village -Khatangi Ps- Parnadabar
District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
For the Informant : Mr. Syed Asgher Najmi, Advocate
Mr. Ashutosh Kumar Mishra, Advocate
Mr. Wjeeha Jafri, Advocate
Mr. Achyut Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State. Perused
the case diary.
2. The petitioner seeks bail in connection with
Parnadabar P.S. Case No. 140 of 2025 instituted for the offences
under Sections 64, 62 of the Bharatiya Nyaya Sanhita, 2023 and
Sections 4/7 of the POCSO Act.
3. Allegation against the petitioner is of trying to
commit rape upon the informant’s minor daugther.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.72767 of 2025(3) dt.13-01-2026
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petitioner is innocent and has falsely been implicated in the
present case due to dispute between the parties. Learned counsel
further submitted that victim has refused to undergo medical
examination. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 08.06.2025 and has no
criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the petitioner. Learned APP further submitted that victim in her
statement recorded under Section 183 of the BNSS has
corroborated the contents of the FIR, and therefore, the
petitioner does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances
of the case also Section 183 Bharatiya Nagarika Suraksha
Sanhita, 2023 statement of the victim, this Court is not inclined
to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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