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Patna High Court

Uday Kumar @ Uday YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted at this stage given the seriousness of the offences and the evidence presented.

Summary

The petitioner, Uday Kumar, sought regular bail in a case involving alleged sexual assault and other offences under the BNS and the POCSO Act. The prosecution alleged that the petitioner forcibly entered the informant's house, established a physical relationship at gunpoint, and threatened her family, with the FIR lodged on 21‑07‑2024. The petitioner’s counsel argued that the FIR was filed 13 days after the alleged incident, highlighted contradictions in the victim’s statements under Sections 180 and 183, and pointed to a medical report indicating no recent sexual intercourse, while noting the petitioner’s clean record and custody since 25‑09‑2025. The informant’s counsel countered that the victim’s statements consistently described a forceful relationship, and the medical report showed hymen rupture, supporting the seriousness of the allegations. After considering the evidence and the gravity of the offences, the court declined to grant bail, directing the trial court to expedite the trial and allowing the petitioner to re‑apply after six months if the trial remains pending.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under Sections 115(2), 126(3), 352, 351(2), 64 & 3(5) of the BNS and Sections 4 & 6 of the POCSO Act
  • Whether contradictions in the victim’s statements under Sections 180 and 183 affect the bail application
  • Impact of the medical examination report on the assessment of the alleged sexual assault
  • Whether the petitioner’s lack of prior criminal record and duration of pre‑trial custody warrant bail

Legislation cited

  • BNS — s. 115(2), 126(3), 3(5), 351(2), 352, 64
  • BNSS — s. 180, 183
  • POCSO Act — s. 4, 6

Subjects

  • bail
  • sexual assault
  • POCSO
  • medical evidence
  • contradictory statements
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84698 of 2025
                        Arising Out of PS. Case No.-38 Year-2024 Thana- MAHILA PS District- Gaya
                 ======================================================
                 Uday Kumar @ Uday Yadav Son of Badho Yadav Village- Lemboya PS-
                 Roushanganj, Dist- Gaya                          ... ... Petitioner/s
                                            Versus
           1.     The State of Bihar
           2.     XX YY Village- Lemboya PS- Roushanganj, Dist- Gaya
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                                                   Mr. Ajay Kumar Sinha, Advocate
                 For the State            :        Mr. Sanjay Kumar Pandey, APP
                 For the Informant        :        Mr. Priya Ranjan, Advocate
                                                   Mr. Mukesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   19-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 115(2),

                   126(3), 352, 351(2), 64 & 3(5) of the BNS and under Sections 4

                   & 6 of the POCSO Act.

                                 3. The case of the prosecution, in short, is that the

                   petitioner misbehaved with the informant and when her family

                   members           came,    petitioner      threatened        them      of       dire

                   consequences. It is further alleged that earlier when the

                   informant was alone at her house, the petitioner entered in her

                   house and forcible established physical relationship with her.

                   The informant has specifically stated that the physical
Patna High Court CR. MISC. No.84698 of 2025(4) dt.19-02-2026
                                            2/3




          relationship was established on the point of gun whenever the

          informant raised alarm her mouth was gagged.

                       4. Learned counsel for the petitioner submits that

          from perusal of the FIR it is clear that according to the FIR the

          petitioner has established physical relationship with the

          informant on 08.07.2024 whereas the FIR has been lodged on

          21.07.2024. Learned counsel for the petitioner has further

          submitted that during course of examination the victim has

          given her statement under Sections 180 and 183 of the BNSS. In

          her statements under Sections 180 and 183 BNSS, there is

          contradiction. It has further been submitted that from perusal of

          medical examination report it will transpire that the Doctors

          have opined that there is no evidence of recent sexual

          intercourse, however, rape cannot be denied. Learned counsel

          for the petitioner has submitted that the petitioner is having no

          criminal antecedent and he is languishing in judicial custody

          since 25.09.2025.

                       5. Countering this, learned counsel for the informant

          has vehemently opposed the bail and has stated that the

          informant has stated in the FIR that the petitioner has

          established forceful physical relationship with her and that the

          statement has been reiterated by her during course of
            Patna High Court CR. MISC. No.84698 of 2025(4) dt.19-02-2026
                                                        3/3




                      investigation in her statement under Sections 180 and 183 of the

                      BNSS. It has further been submitted that from perusal of the

                      medical examination report it will transpire that the medical has

                      been conducted on 21.07.2024 whereas the alleged forceful

                      relationship was established on 08.07.2024. So the opinion of

                      the Doctor that there is no evidence of recent sexual intercourse

                      is right to some extent. It has further been submitted that from

                      perusal of the entire report it will transpire that the Doctor has

                      found Hymen ruptured at 6 o’ clock position.

                                   6. It is not the case of the prosecution that the victim

                      is a married lady. This goes to show that physical relationship

                      has been established with her and the statement of the victim in

                      the FIR and under Sections 180 and 183 of the BNSS

                      corroborates the same.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, I am not

                      inclined to grant bail to the petitioner at this stage, however, he

                      may renew his prayer for bail after six months if the trial is not

                      concluded. Learned trial court is directed to expedite the trial.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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