Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the court was not inclined to grant it given the gravity of the offences and the specific allegations.
Summary
The petitioner, Gaurav Kumar, was arrested in connection with a case alleging that he intoxicated his minor niece with the intent to rape her. The charge-sheet includes offences under the Bharatiya Nyaya Sanhita, the POCSO Act, and the SC/ST Act. The petitioner’s counsel argued that the allegations were vague, the victim’s medical report did not corroborate the charge, and that the petitioner had no prior criminal record, seeking bail. The State’s counsel contended that the allegations were specific, the victim’s statement under the Bharatiya Nagarik Suraksha Sanhita supported the prosecution, and therefore bail should be denied. The court, considering the seriousness of the offences and the nature of the accusations, refused bail and ordered the trial court to expedite the trial.
Issues considered
- Whether bail can be granted to the accused in a case involving alleged rape of a minor under the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 64(1), 74
- POCSO Act — s. 12, 4, 6, 8
- SC/ST Act — s. 3(1)(w)(ii), 3(2)(v)
Subjects
- bail
- rape
- minor
- POCSO
- SC/ST Act
- criminal procedure
- intoxication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80961 of 2025
Arising Out of PS. Case No.-410 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Gaurav Kumar Son of Munna Prasad @ Munna Ram Resident of Village
-Gauri PS- Chandi District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Biresh Paswan Son of Bijindra Paswan Resident of Village-Gauri, P.S.-
Chandi, District-Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Tej Narayan Singh, Advocate
Ms. Minu Kumari, Advocate
For the Opposite Party/s : Mrs. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Chandi
P.S. Case No. 410 of 2025, instituted for the offences punishable
under Sections 123, 74, 64(1) of the Bharatiya Nyaya Sanhita,
2023, read with Sections 4, 6, 8, 12 of POCSO Act, Sections
3(2)(v) and 3(1)(w)(ii) of SC/ST Act.
3. The prosecution case, in short, is that the petitioner
intoxicated informant’s minor niece with an intention to commit
rape upon her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.80961 of 2025(5) dt.13-03-2026
2/2
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submits that the
allegation levelled against the petitioner is general and omnibus
in nature. It is next submitted that medical report of the victim
does not support the prosecution case. The petitioner is in
custody since 28.07.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submits that
there is specific allegation levelled against the petitioner and the
victim has supported the prosecution case in her statement
recorded under Section 183 of the Bharatiya Nagarik Suraksha
Sanhita, 2023. Hence, the petitioner does not deserve the
privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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