Patna High Court

Jokhan @ @ Jokhan Sant @ Dharmkant SantversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The court denied bail, rejecting the petitioner’s application.

Summary

The petitioner, Jokhan, applied for regular bail in a case (Mohaniya P.S. Case No. 676 of 2025) alleging assault and outraging the modesty of a minor under sections 126(2), 115(2), 76, 64 and 62 of the Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act. The prosecution contended that the petitioner assaulted the minor, causing her to lose consciousness, and the victim’s statement under section 183 of the B.N.S. detailed the assault. The petitioner argued that he was falsely implicated due to a neighbour dispute, had no prior criminal record, and that the medical report did not find evidence of rape. The court, after hearing both sides, found the victim’s statement and the seriousness of the allegations sufficient to deny bail. Consequently, the bail application was rejected, with liberty granted to re‑apply after six months or after framing of charge, whichever is later.

Issues considered

Whether regular bail should be granted to the accused in a case involving alleged assault and outraging modesty of a minor under the Bharatiya Nyaya Sanhita and POCSO Act
Whether the absence of a medical finding of rape and the petitioner’s claim of false implication affect the bail decision
Whether the victim’s statement recorded under section 183 of the Bharatiya Nyaya Sanhita is sufficient to deny bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 183, 62, 64, 76
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

regular bail
assault
outraging modesty
minor
POCSO Act
Bharatiya Nyaya Sanhita
victim statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73278 of 2025
                 Arising Out of PS. Case No.-676 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Jokhan @ Jokhan Sant @ Dharmkant Sant S/O Ramakant Sant R/O Vill.-
                 Bhitti,P.S - Mohaniya,Dist- Kaimur at Bhabua
                                                                  ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Gita Devi W/O Prabhu Narayan R/O Vill.- Bhitti, P.S - Mohaniya, Dist-
                  Kaimur at Bhabua
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Ambuj, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Mohaniya P.S. Case no.

                   676 of 2025 registered under sections 126(2), 115(2), 76, 64 and

                   62 of the Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12

                   of the POCSO Act.

                                3. As per the prosecution case, the petitioner is said to

                   have assaulted and outraged the modesty of the minor daughter

                   of the informant as a result of which she fell unconscious and

                   regained consciousness after three to four hours in the hospital.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case as a result of

                   differences between the parties who are next door neighbours. The
           Patna High Court CR. MISC. No.73278 of 2025(3) dt.21-01-2026
                                                       2/2




                     petitioner has no criminal antecedent and he is in custody since

                     5.8.2025. Referring to the order of the learned trial Court, it is

                     submitted that even as per the medical report, there is no finding of

                     rape.

                                  5. The application for bail is opposed by learned APP

                     for the State who submits that the petitioner is named in the FIR

                     and there is direct allegation against him. Even in her statement

                     under section 183 B.N.S.S., the victim has given a detailed

                     description of the assault etc by this petitioner.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the facts and circumstances of the

                     case, the material that has transpired in course of investigation

                     specially the contents of the statement of the victim recorded

                     under section 183 B.N.S.S., the Court is not inclined to enlarge the

                     petitioner on bail and the application is rejected.

                                  7. Liberty is granted to the petitioner to renew his

                     prayer for bail after six months or on framing of charge,

                     whichever is later.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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