Patna High Court
Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The Court denied bail to the petitioner, holding that the seriousness of the alleged offence warrants continued custody.
Summary
The petitioner, Karu Yadav, was arrested in connection with a case registered under the POCSO Act and IPC for alleged rape of a deaf and dumb minor, the informant's daughter. The petitioner sought regular bail, claiming he was falsely implicated, that the medical report did not substantiate the rape allegation, and that he has a clean antecedent despite being in custody since July 5, 2024. The State opposed the bail, emphasizing the heinous nature of the alleged offence under Section 376 of the IPC and Sections 4 and 6 of the POCSO Act. The Court, considering the seriousness of the charges and the vulnerability of the victim, declined to grant bail. It directed the trial court to expedite the trial, given the duration of the petitioner’s custody and the nature of the allegations.
Issues considered
- Whether bail should be granted to the accused in a case of alleged rape of a deaf and dumb minor under IPC Section 376 and POCSO Sections 4 and 6
- Whether the absence of corroborative medical evidence and the claim of false implication justify bail
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- POCSO
- minor
- IPC 376
- medical report
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90162 of 2025
Arising Out of PS. Case No.-368 Year-2024 Thana- CHANDI District- Nalanda
======================================================
Karu Yadav Son of Baleshwar Yadav, Resident of Village- Thekha Par, P.S.-
Chandi, District- Nalanda.
... ... Petitioner
Versus
1. The State of Bihar.
2. XX, Wife of XY, R/o- Village - Thekaha Par, P.S. Chandi, District –
Nalanda.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Rana Baljit Singh, Advocate
For the State : Ms. (Dr.) Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Chandi P.S. Case No. 368 of 2024 (POCSO
Case No. 90 of 2024) dated 26.06.2024, registered for the
offences punishable under Section 376 of the Indian Penal Code
and Sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the allegation
against the petitioner is of committing rape with deaf and dumb
minor daughter of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. No occurrence in the manner as alleged has
Patna High Court CR. MISC. No.90162 of 2025(4) dt.23-02-2026
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ever taken place. The medical report does not support the
allegation of rape. Even from the statement of the victim, it is
not clear whether any rape was committed with her. Learned
counsel next submits that petitioner is having clean antecedent
and chargesheet has been submitted. Learned counsel lastly
submits that petitioner is in custody since 05.07.2024.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that petitioner has committed a very heinous crime as
he committed rape with a deaf and dumb girl.
6. Having regards to the serious nature of
allegation, I am not inclined to enlarge the petitioner on bail.
Accordingly, the prayer for regular bail of the petitioner stands
rejected.
7. Learned trial Court is directed to expedite and
conclude the trial at the earliest considering the period of
custody of the petitioner and the nature of allegation.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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