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Patna High Court

Kalli Mistri @ Kali Mohan MistriversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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