Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to conditions, finding the prosecution’s case insufficient to justify continued detention.
Summary
Sachin Kumar was arrested on 31 August 2025 in connection with a rape allegation under Sections 329(4), 352, 351(2), 64 of the BNS and Sections 4 and 6 of the POCSO Act. The informant, mother of the alleged victim, claimed the 16‑year‑old daughter was raped by the petitioner on 30 August 2025. The petitioner’s counsel argued that the medical examination conducted on 31 August showed no injuries, the victim’s age to be 17‑18 years, and that the FIR contained factual inconsistencies, suggesting a fabricated case. The State opposed bail, relying on the victim’s statement under Section 183 of the BNSS. The Court, after considering the medical report and the lack of corroborative evidence, held that the allegations were not substantiated and ordered the petitioner’s release on bail with strict conditions.
Issues considered
- Whether bail should be granted to the accused despite serious charges under the BNS and POCSO Acts.
- Whether the medical evidence and age determination of the victim undermine the FIR allegations.
- Whether the victim’s statement under Section 183 BNSS is sufficient to deny bail.
Legislation cited
Subjects
- bail
- sexual assault
- POCSO
- medical evidence
- age of victim
- false allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78258 of 2025
Arising Out of PS. Case No.-295 Year-2025 Thana- RAJPUR District- Buxar
======================================================
Sachin Kumar Son of Ramakant Ram R/o Vill. - Rajpur, P.S. - Rajpur, Buxar,
Dist. - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chanchali Devi Wife of Mahendra Ram R/o Village - Rajpur, P.S. - Rajpur,
Buxar, Dist. - Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manendra Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr.Manendra Kumar Sinha, learned counsel
for the petitioner, learned counsel for the informant and
Mr.Anuj Kumar Shrivastava, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
31.08.2025 in connection with Rajpur P.S. Case No. 295 of
2025, F.I.R. dated 30.08.2025 registered for the offence
punishable under Sections 329(4),352,351(2),64 of BNS and
Section 4/6 of the POCSO Act.
3. The case of prosecution, in brief, is that the
informant (mother of the victim) has submitted her written
application before the S.H.O., Rajpur P.S. stating therein that on
Patna High Court CR. MISC. No.78258 of 2025(3) dt.23-03-2026
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30.08.2025 at around 06:00 A.M., her daughter, aged about 16
years, was sleeping alone in house, and she was working in her
field. Meantime, her neighbor Sachin Kumar (petitioner) came
and forcibly raped her daughter. When she objected him from
doing so, he threatened her not to make noise other-wise he
would kill her. Anyhow, her daughter informed her mother
through mobile phone. On obtaining information, she came at
house & saw that her daughter was crying. On asking, her
daughter narrated the whole story to her.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that from a bare perusal of the FIR it appears that the date of
occurrence as alleged in the FIR is 30.08.2005 but the medical
of the victim has been conducted on 31.08.2025 which suggests
that the allegation as alleged in the FIR is false and fabricated
and the petitioner has not committed any offence as alleged in
the FIR. The medical report of the victim is quoted hereinbelow:
MEDICAL BOARD SADAR HOSPITAL BUXAR
Examined Anshu Kumari C/o Mahendra Ram VILL-Rajpur PS-
Rajpur Dist-Buxar at 01:52 PM Dt. 31-08-2025 for Kand No-
295/25 Date 30-08-2025 P.S.-Rajpur brought and identified by
1.Lady Constable Pushkar Kumar (1039) 2.S.I- Madhubala,
P.S.-Rajpur and Found the Following.
Hight-149 CM, Weight-40Kg.
L.M.P- Did Not Remembered by Victim.
M.I- A Till On Right Foot on Dorsum.
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Urine Pregnancy Test-Negative. VDRL Test-Negative HbsAg
Test-Negative
H.I.V. Test- Negative Done at Sadar Hospital Buxar Reg
No.CGH0045 Dt. 01-09-2025.
No External Injury were present on her body.
Axillary And Pubic Hair Were Present
On Private Part Examination No Injury Was Found. Uterus
Found Normal in size.
Vaginal Swab, Blood Sample Cervical Swab, Plucked Auxiliary
Hair, Combed Pubic Hair, Plucked Pubic Hair, Combed Hair
From Scalp, Plucked Hair From Scalp With Cold Chain
Maitained Condition Handed Over To S.I- Madhubala to Send
For Forensic Science Laboratory, FSL Report Are Awaiting.
Opinion-Reserved Till Availability Of FSL Report.
On Examination Of X-Ray Plate No-H0045 By Dr. Rahul Raj
for Pelvis Right Elbow Right Wrist.
Complete Fusion Of Right Elbow Epiphysis
Incomplete Fusion Of Right Distal End Radius And Ulna
Epiphysis.
Epiphysis Seen Over B/L ILIAC Bone.
Radiological Age Of Anshu Kumari Is Approx 17 To 18 Yrs
Dentel Report Given By Dr. Manipal Total no Of Teeth 28.
Space For 3 Molar Present
Sd/- Sd/- Sd/-
Dr. Rahul Raj Dr. Manipal Dr. Anita Kumari
M.O.S.H. Buxar M.O.S.H. Buxar M.O.S.H. Buxar
7992417016 7709334801 9000440999
Apart from the aforesaid, the Medical Board also
found the age of the victim is 17-18 years. Learned counsel for
the petitioner further submits that the police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 31.08.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, have vehemently
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opposed the prayer for bail of the petitioner and submits that the
victim has supported the case of the prosecution in her statement
under Section 183 of BNSS, 2023.
6. Considering the aforesaid facts and the medical
evidence does not support the allegation as alleged in the FIR,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge-6-cum-Special Judge, POCSO,
Buxar in connection with Rajpur P.S. Case No. 295 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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