Patna High Court
Sonelal @ BudhawaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the allegations of gang‑rape of a minor were deemed sufficient to refuse relief.
Summary
The petitioner, Sonelal @ Budhawa, sought anticipatory bail after being implicated in a gang‑rape of a minor under sections 70(2) of the BNS, sections 4 and 6 of the POCSO Act, and sections 3(i)(r)(s)(w) and 3(2)(Va) of the SC/ST Act. The prosecution alleged that the minor’s daughter reported being gang‑raped, and a co‑accused, Dipak Kumar, stated that the petitioner caught hold of the victim during the assault. The petitioner contended that the victim’s statement under Section 183 of the BNS named "Sonu Kumar" and not him. The court held that the minor discrepancy in naming does not diminish the seriousness of the allegation that the petitioner participated in the gang‑rape. Consequently, the court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations of gang‑rape of a minor.
- Whether a discrepancy in the victim’s statement regarding the accused’s name defeats the charge against the petitioner.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 183, 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(Va), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- gang rape
- minor
- POCSO Act
- SC/ST Act
- criminal procedure
- discrepancy in naming
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76032 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Sonelal @ Budhawa S/o Gautam Mahto R/o Vill.- Kerawa, P.S. - Isuapur,
District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Munna Nat Jangali Nat R/o Village-Parsa, P.S.-Isuapur, District-Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-02-2026 Heard Mr. Sanjay Kumar Jha, learned Counsel for
the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Isuapur P.S. Case No. 45 of 2025 for the offence registered
under sections 70(2) of BNS, Section 4, 6 of the POCSO Act
and Section 3(i)(r)(s)(w)/ 3(2)(Va) of the SC/St Act.
3. As per the prosecution story, the informant alleged
that his minor daughter returned home crying and informed that
the named accused persons gang raped her. This led to the FIR.
4. In this case, the Co-ordinate Bench had called for
the case diary which is on record and Dipak Kumar who was
taken into custody made statement that during Dussera Puja,
they wanted to sexually assault someone and all the five persons
Patna High Court CR. MISC. No.76032 of 2025(4) dt.24-02-2026
2/2
named in the FIR were present at the spot when this petitioner
caught hold of the victim girl and they repeatedly raped her.
4. Learned Counsel for the petitioner submits that the
girl in the statement under Section 183 of the BNS has named
Sonu Kumar, not this petitioner.
5. Learned APP for the State, Mr. Bharat Bhushan
submits that five names are there in the FIR which include the
petitioner, the confessional statement of Dipak Kumar clearly
shows that it was the petitioner who caught hold of the victim
girl which followed the rape and the medical report shows that
she was only 13-14 years of age at the time of occurrence.
6. Considering the submissions of the parties as also
the materials on record, minor discrepancy in naming the person
cannot dilute the allegation that has come against the petitioner
that he along with four others gangraped a minor child. In that
background, no relief can be granted.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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