Patna High Court
Bittu Ojha @ Shailendra Kumar OjhaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was refused as the court was not inclined to enlarge the petitioner on bail.
Summary
The petitioner, Bittu Ojha, was arrested on 7 July 2025 in connection with a case of alleged rape and other offences under the BNS and the POCSO Act. The prosecution alleged that on 5 July 2025 the petitioner entered the victim’s house through the roof, gagged her and raped her, with the assistance of a co‑accused. The victim’s statement recorded under Section 183 of the BNS corroborated the prosecution’s version. The petitioner’s counsel argued that he has a clean antecedent and that the FIR is fabricated, seeking bail. The court, noting the seriousness of the charges and the victim’s corroborated statement, declined to grant bail. Consequently, the petition for bail was refused.
Issues considered
- Whether bail should be granted to the petitioner accused of rape and other offences under the BNS and POCSO Act.
Legislation cited
Subjects
- bail
- rape
- POCSO Act
- victim statement
- serious offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84538 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
Bittu Ojha @ Shailendra Kumar Ojha S/o- Late Janardan Ojha Resident of
village- Sahjeni PO and PS- Hasan bazar Dist- Bhojpur at Ara
... ... Petitioner
Versus
1. The State of Bihar
2. X D/o- Y R/v- Sahejeni Po Ps- Hasan Bazar Dist- Bhojpur at Ara
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Chandrashekhar Azad, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.07.2025 in connection with Hasan Bazar P.S. Case No. 68 of
2025 for the offences punishable under Sections 65(1), 109(1),
332(b), 351(3) and 3(5) of BNS and Sections 4 and 6 of POCSO
Act.
3. The case of the prosecution, in brief, is that on
03/07/2025, the parents of the informant had gone off to
Dhanbad, Jharkhand in connection with a case, and she was
alone in her house. It is alleged that on 05/07/2025, at nearly 2
am, the petitioner trespassed the house of the informant (victim)
Patna High Court CR. MISC. No.84538 of 2025(4) dt.25-03-2026
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from the roofway, when she raised alarm, he did not flee, rather
he gagged her mouth with some cloth and committed rape on
her. It is further alleged that one of the co- accused Mansa Devi
facilitated the entrance of the petitioner in the room of the
informant/ victim.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and she has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that victim in her statement recorded under Section 183
of BNSS has supported the case of the prosecution that the
petitioner has committed rape upon her.
6. Considering the aforesaid facts that there is direct
allegation against the petitioner and also the fact that the victim
in her statement recorded under Section 183 of BNSS has
supported the case of the prosecution, I am not inclined to
enlarge the petitioner on bail in connection with Hasan Bazar
P.S. Case No. 68 of 2025 pending in the court of learned Special
Patna High Court CR. MISC. No.84538 of 2025(4) dt.25-03-2026
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Judge, Exclusive POCSO Court-cum-ASJ-VI, Bhojpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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