Patna High Court
Barighura @ SurajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because of the gravity of the offence.
Summary
The petitioner, Barighura @ Suraj, was charged in Dighalbank police case No. 75 of 2025 for offences including rape of a 15‑year‑old girl under Sections 115(2), 64(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act. He has been in custody since 13 May 2025 and applied for bail. The court examined the seriousness of the alleged crimes, noting the gravity of the offence and the protection of a minor. Considering these factors, the judge was not inclined to grant bail. Consequently, the bail application was dismissed, with the court clarifying that its observations are limited to this bail application and do not prejudice the trial's merits.
Issues considered
- Whether bail should be granted to an accused charged with rape of a minor under the Bharatiya Nyaya Sanhita and the POCSO Act?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 3(5), 352, 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- criminal procedure
- high court
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74839 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- DIGHALBANK District- Kishanganj
======================================================
Barighura @ Suraj S/O Chatkan Mallik Resident of -Dalkhola P.S-Dalkhola,
District- Uttar Dinajpur, (W.B.)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Basanti Devi W/O late Amar Dev Das R/O Vill.- Jorbari, Ward no. 2, P.O.
and P.S.- Dighalbank, Dist.-Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amal Kumar Sinha, Advocate
For the State : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dighalbank P.S. Case No. 75 of 2025 registered for the offence
punishable under Sections 115(2), 64(1), 352 and 3(5) of the
Bharatiya Nyaya Sanhita and Section 4 and 6 of the POCSO
Act.
3. As per the prosecution case, the petitioner is
accused of committing rape with a 15 year old girl.
4. The petitioner is in custody since 13.05.2025.
5. Considering the gravity of the offence, I am not
inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.74839 of 2025(4) dt.30-03-2026
2/2
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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