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Patna High Court

Angaj Choupal @ Angaj KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail application was rejected; the petitioner was not granted bail.

Summary

Angaj Choupal was arrested in connection with a FIR alleging that he forcibly entered a neighbour's house at night, attempted to disrobe the minor daughter of the informant, and assaulted her, invoking sections of the BNS, 2023 and the POCSO Act. The petitioner contended that the allegations were fabricated, citing lack of medical examination, minimal injuries, and non‑cooperative witnesses, and asserted no prior criminal record. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNS. The Patna High Court, after considering the victim’s statement and the seriousness of the charges, refused bail, though it permitted the petitioner to renew the bail application after the charge sheet is filed. The order reflects the court’s cautious approach in cases involving alleged sexual offences against minors.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged sexual assault of a minor under the BNS, 2023 and the POCSO Act.
  • Whether the victim’s statement and the nature of the allegations justify denial of bail despite the petitioner’s claim of false implication.

Legislation cited

Subjects

  • bail
  • sexual assault
  • minor
  • POCSO
  • false implication
  • victim statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90856 of 2025
                     Arising Out of PS. Case No.-99 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Angaj Choupal @ Angaj Kumar S/O Soman Choupal @ Soman Chaupal R/O
                 Village- Milki, P.S.- Kamtaul, Post- Chak Tataila, District- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shree X S/O Late Dhaneshwar Chaupal a

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manish Chandra Gandhi, Adv.
                 For the Opposite Party/s :      Mr.Arun Kumar Pandey, APP
                 For the O.P. No.2        :      Dr. Koushlendra Narayan, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   26-02-2026                      Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the opposite party

                   no.2.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Kamtaul P.S. Case no.99 of 2025

                   registered under sections 126(2), 115(2), 118, 76, 352, 351(2),

                   324(2) and 3(5) of BNS, 2023 and Section 8 and 12 of POCSO

                   Act.

                                3. Allegation in the F.I.R is that petitioner is alleged to

                   have forcibly taken victim by entering into informant’s house at

                   night and attempted to disrobe her with intent to commit rape

                   and also indulged in assaulting the informant.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.90856 of 2025(3) dt.26-02-2026
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          petitioner has been falsely implicated in the present case on

          baseless and fabricated allegations of taking away the minor

          daughter of the informant from her house, attempting to disrobe

          her and inappropriately touching her. It is further submitted that

          the petitioner and the informant are neighbours and due to

          ulterior motive the present F.I.R has been lodged. It is further

          submitted that two witnesses to the alleged occurrence, namely

          Lakhan Chaupal and Pramila Devi, have not completely

          supported      the    prosecution        case    during   the   course   of

          investigation. Additionally, it is submitted that victim refused to

          undergo medical examination. The injury report of the

          informant indicates only simple hurt in nature. The petitioner

          has remained in custody since 09.10.2025 with no criminal

          antecedent. He undertakes to co-operate in case/trial.

                       5. The application for bail is opposed by learned

          A.P.P. for the State and learned counsel for the opposite party

          no.2 on the ground that petitioner along with co-accused had

          subjected the minor daughter of the informant to a form of

          sexual assault with the threatening of committing rape upon her

          and the said fact has been supported by the victim in her

          statement recorded under Section 183 of BNSS.

                       6. Taking into consideration the aforesaid facts and
              Patna High Court CR. MISC. No.90856 of 2025(3) dt.26-02-2026
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                        circumstances of the case and also considering the statement of

                        the victim, I am not inclined to grant bail to the petitioner at

                        present and the application is rejected .

                                     7. However, liberty is granted to the petitioner to

                        renew his prayer for bail after framing of charge.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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