Patna High Court
Heera SaoversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied as the court was not inclined to grant it at the advanced stage of the POCSO trial.
Summary
The petitioner, Heera Sao, was charged under Section 376AB of the Indian Penal Code and Sections 4 and 6 of the POCSO Act for alleged rape of the informant’s granddaughter. He applied for bail, asserting that he had been falsely implicated and that the victim had not supported the prosecution’s case. The trial had progressed to an advanced stage, with five of nine witnesses already examined and only the investigation officer’s deposition remaining. The State opposed bail, relying on the allegations made in the FIR. The Patna High Court, considering the seriousness of the offence and the advanced stage of the trial, refused to grant bail. The court directed the trial court to expedite the remaining proceedings and conclude them within three months.
Issues considered
- Whether bail can be granted to an accused in a POCSO case at an advanced stage of trial
- Whether the seriousness of the alleged offence outweighs the petitioner’s claim of false implication
Legislation cited
- Indian Penal Code — s. 376AB
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- POCSO
- rape
- IPC 376AB
- trial stage
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80734 of 2025
Arising Out of PS. Case No.-137 Year-2023 Thana- BHADAUR District- Patna
======================================================
Heera Sao Son of Sugan Sao Resident of Village - Azagera, Police Station -
Bhadaur, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Ishwar Sao Resident of Azagera, P.S.- Bhadaur, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Shankar Sinha, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 376AB of the Indian
Penal Code and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
alleged to have committed rape upon the granddaughter of the
informant.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case
and during trial even the victim has not supported the case of
the prosecution, but it has also been submitted that the case has
reached at an advanced stage and the report which was called
with regard to stage of the case also indicates that five out of
Patna High Court CR. MISC. No.80734 of 2025(3) dt.11-03-2026
2/2
nine witnesses had already been examined, however, learned
counsel himself discloses that only the I.O. remains to be
examined. He has also submitted that the petitioner is in
custody since 02.11.2023 with no criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and also considering that the case has reached at
an advanced stage with only the deposition of the I.O.
remaning to be recorded, this Court is not inclined to grant the
privilege of bail to the petitioner at this stage. Accordingly, the
prayer for bail of the petitioner is hereby rejected in connection
with Special (POCSO) Case No.285 of 2023 (arising out of
Bahadur P.S. Case No.137 of 2023).
7. However, the learned Trial Court is directed to
expedite the trial and conclude the same, preferably, within a
period of three months.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.