Patna High Court
Vinay ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is not entitled to regular bail.
Summary
The petitioner, a teacher, was charged under Sections 64(1) and 89 of the BNS Act and Sections 4 and 6 of the POCSO Act for allegedly sexually assaulting a 15‑year‑old girl over several months, resulting in her pregnancy and subsequent termination. The victim’s statement recorded under Section 183 of the BNSS corroborated the allegations. The petitioner pleaded innocence and sought regular bail, claiming a clean antecedent and false implication. The State opposed bail, emphasizing the seriousness of the offences and the victim’s corroborated testimony. The Court examined the nature of the offences, the victim’s age, and the risk to the investigation, and concluded that the petitioner was not entitled to bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to an accused charged with offences under Sections 64(1) and 89 of the BNS Act and Sections 4 and 6 of the POCSO Act involving a minor victim.
- Whether the victim’s statement under Section 183 of the BNSS sufficiently corroborates the charge to deny bail.
Legislation cited
- BNS Act — s. 64(1), 89
- BNSS — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- sexual assault
- minor
- POCSO
- regular bail
- criminal procedure
- pregnancy
- termination
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74865 of 2025
Arising Out of PS. Case No.-42 Year-2025 Thana- MAHILA PS District- Buxar
======================================================
Vinay Thakur S/o Shyam Lal Thakur R/O Village- Baruna, P.O. and P.S.-
Buxar (I), District- Buxar, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Anurudh Chauhan S/O Sudama Chauhan R/O Village- Baruna, P.O. and
P.S.- Buxar (I), District- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rudrank Shivam Singh
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Buxar Mahila P.S. Case No. 42 of 2025,
registered for the offences punishable under Sections 64(1) and
89 of the BNS and Sections 4 and 6 of the POCSO Act.
3. The victim is a minor girl of 15 years of age. She
went for tuition on 08.07.2025 but didn’t return. When she
returned, she narrated the occurrence to her family members.
She stated that the petitioner, who is a teacher, was continuously
committing sexual assaults for 3-4 months and she became
pregnant. He brought her to Buxar on 08.07.2025 and at the
Patna High Court CR. MISC. No.74865 of 2025(3) dt.06-01-2026
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instance of the petitioner, the pregnancy was terminated.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The petitioner is a teacher and for some ulterior
motive, he has falsely been implicated in this case. He is a
person of clean antecedent and is under custody since
13.07.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail and submitted that the victim, in
her statement recorded under Section 183 of the BNSS, has
fully corroborated the occurrence and she became pregnant after
sexual assaults by the petitioner, who is a teacher.
6. Considering the above-mentioned facts and
circumstances, in my view, the petitioner doesn’t deserve the
privileges for bail. Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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