Patna High Court
Shibu Yadav @ Shibu MahtoversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied as the seriousness of the offences and the victim’s minority warranted continued custody.
Summary
Shibu Yadav was arrested in connection with a case alleging attempted rape of a minor girl, the daughter of an informant, under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act. The petitioner contended that the allegations were false and stemmed from a land dispute, highlighting the five‑day delay in filing the FIR, the victim’s refusal for a medical examination, and the absence of any injuries on the petitioner. The State and the informant’s counsel opposed bail, emphasizing the victim’s minority (approximately seven years old) and her support for the prosecution. The Court examined the seriousness of the offences, the victim’s age, and the lack of substantive progress in the investigation. Consequently, the Court denied bail, allowing the petitioner to re‑apply only if significant developments occur within a reasonable time.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged attempted rape of a minor under the Bharatiya Nyaya Sanhita and POCSO Act
- Whether the alleged delay in filing the FIR and lack of medical evidence justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(3), 352, 74, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73771 of 2025
Arising Out of PS. Case No.-293 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Shibu Yadav @ Shibu Mahto S/O Late Bhanu Yadav R/O Vill.- Mahuliyatar,
P.S.- Kauwakol, Dist.- Nawada. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Nandni Devi W/O Anant Kumar Thakur R/O Vill.- Mahuliyatar, P.S.-
Kauwakol, Dist.- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ambuj Nayan Choubey, Advocate
Ms. Ankita Kumari, Advocate
For the O.P. No.2 : Ms. Sanju Singh, Advocate
For the State : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner, learned counsel
for the opposite party no.2 and learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 74, 76, 352,
351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
8 of the POCSO Act.
3. As per the prosecution case, the petitioner is said
to have tried to commit rape against the daughter of the informant.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in this case on
account of a land dispute between the parties, who is around 60
years old man. It is further submitted that for an incident, which
took place on 14.07.2025, the F.I.R. was lodged on 19.07.2025,
Patna High Court CR. MISC. No.73771 of 2025(4) dt.23-02-2026
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after delay of five days, without tendering any plausible
explanation to the same. Further, the medical examination has also
been refused by the victim girl and the medical examination of the
petitioner also does not indicate any laceration, bruise or scratch
mark. The petitioner has no criminal antecedent and has been
languishing in custody since 21.07.2025.
5. Learned APP for the State and learned counsel for
the informant vehemently opposed the bail petition on the ground
that the victim is a minor girl aged about seven years and has
supported the prosecution case.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
case has been supported by the victim herself, I am not inclined to
grant the privilege of bail to the petitioner at this stage in
connection with Kauwakol P.S. Case No.293 of 2025. The prayer
for bail is thus rejected with liberty to renew the said prayer in
case no substantial progress is made in the case within a
reasonable time.
(Soni Shrivastava, J)
Trivedi/-
U T
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