Created by Fuzzy Cloud

Patna High Court

Bittu Ojha @ Shailendra Kumar OjhaversusThe State of Bihar

Decided
Disposal
REJECTED

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

  • BNS — s. 109(1), 332(b), 3(5), 351(3), 65(1)
  • POCSO Act — s. 4, 6

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
                                            2/3




          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
                                                       3/3




                     Judge, Exclusive POCSO Court-cum-ASJ-VI, Bhojpur.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.