Patna High Court

Chhotelal Bind @ Chhetelal BindversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Chhotelal Bind, was arrested in connection with an alleged attempt to rape a minor, charged under Sections 126(2), 115(2), 74, 76, 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act. The petitioner contended that the allegations were false, noting that neither the FIR nor the victim’s statement under Section 183 of the B.N.S. mentioned any sexual assault, and that the victim refused a medical examination. He had been in custody since 29 September 2025, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail, relying on the FIR allegations. The Court observed that the FIR and the victim’s statement lacked any charge of sexual assault and, considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether bail should be granted to the accused in a case involving alleged attempted rape under the POCSO Act and other offences.
Whether the absence of a sexual assault allegation in the FIR and victim’s statement warrants bail.

Legislation cited

B.N.S. — s. 115(2), 126(2), 183, 3(5), 74, 76
POCSO Act — s. 12, 8

Subjects

bail
attempted rape
POCSO Act
FIR
victim statement
no criminal antecedent
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76812 of 2025
                 Arising Out of PS. Case No.-731 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Chhotelal Bind @ Chhetelal Bind S/O Late Sita Bind R/O Village Sarangpur ,
                 P.s. Bhabua , District Kaimur At Bhabua

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXXXX D/O XXXX R/O Village Sarangpur , P.s. Bhabua , District Kaimur
                 At Bhabua

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   19-02-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State. No one appears on

                   behalf of the opposite party no. 2 despite the fact that notice was

                   received by the opposite party no. 2 personally.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 126(2), 115(2), 74, 76, 3(5)

                   of the B.N.S. and Sections 8, 12 of the POCSO Act.

                                 3. Petitioner is said to have tried to commit rape with

                   the informant.

                                 4. Learned counsel for the petitioner submits that the

                   allegations levelled against the petitioner are not correct and as a

                   matter of fact the petitioner is co-villager of the victim and
Patna High Court CR. MISC. No.76812 of 2025(5) dt.19-02-2026
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          scuffle had taken place when the petitioner had objected to the

          act of the victim easing herself in the field of the petitioner and

          such incident was wrongly transformed into an allegation of

          petitioner and co-accused dragging her forcefully by covering

          her mouth. It is further submitted that neither the FIR nor the

          statement of the victim under Section 183 of the B.N.S.

          discloses any allegation of any sexual assault etc. Further, the

          victim has also refused her medical examination which would

          appear from the case diary. Petitioner is in custody since

          29.09.2025 with no criminal antecedent and charge-sheet has

          already been submitted.

                       5. Learned APP for the State has opposed the

          application for bail on the ground of the allegations made in the

          FIR.

                           6. Taking into consideration the facts and

          circumstances and also considering the fact that no allegation of

          any sexual assault etc. has been made either in the First

          Information Report or in the statement of the victim under

          Section 183 of the B.N.S.S., let the above named petitioner, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned court below where the case is
             Patna High Court CR. MISC. No.76812 of 2025(5) dt.19-02-2026
                                                         3/3




                       pending/successor court in connection with Bhabua P.S. Case

                       No. 731 of 2025.


                                                 (Soni Shrivastava, J)
devendra/-

U      T

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