Patna High Court
Kalli Mistri @ Kali Mohan MistriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted as the allegations were serious and prima facie material existed against the petitioner.
Summary
Kalli Mistri was charged under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act for alleged repeated rapes of a minor girl. He applied for regular bail, claiming innocence, after being in custody since 18 October 2024. The State opposed the bail, asserting that prima facie material and the victim's statement establish a serious case. The court examined the gravity of the offences and the existence of prima facie evidence. Concluding that the allegations were grave, the court refused to grant regular bail, emphasizing that its observations were limited to the bail application and would not affect the trial.
Issues considered
- Whether regular bail can be granted to an accused of rape and criminal intimidation under Sections 376, 506 IPC and Sections 4, 12 POCSO Act.
- Whether the presence of prima facie evidence and the seriousness of the offence preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 376, 506
- Protection of Children from Sexual Offences Act — s. 12, 4
Subjects
- regular bail
- rape
- IPC
- POCSO
- prima facie
- criminal law
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78523 of 2025
Arising Out of PS. Case No.-48 Year-2024 Thana- MAHILA PS District- Jehanabad
======================================================
Kalli Mistri @ Kali Mohan Mistri S/O Arjun Mistri R/O Vill.- Balua, P.S-
Belaganj, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX WIfe of Raghunandan Mistri Resident of Village- Balua, P.S-
Belaganj, District-Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Jehanabad Mahila P.S. Case No. 48 of 2024 registered for the
offence under Sections 376 and 506 of the Indian Penal Code
and Section 4/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is alleged
to have committed rape upon the victim girl several times.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 18.10.2024.
5. Per contra, learned counsel for the State
Patna High Court CR. MISC. No.78523 of 2025(4) dt.06-04-2026
2/2
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. It is also submitted that the victim girl in her statement
has supported the prosecution case.
6. Considering the aforesaid facts and circumstances,
the nature of the accusation and the gravity of the offence, this
Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…