Patna High Court
Bipat ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Bipat Chaudhary was charged under Section 76 of the BNS and Sections 8 and 12 of the POCSO Act for allegedly attempting to rape a minor in a banana field. The victim’s statement under Section 183 of the BNSS described the alleged act, but she refused a medical examination. The petitioner argued that the allegation was limited to an attempt to open the victim’s pants, he had no prior criminal record, and had been in custody since 30‑06‑2025. The State opposed bail, citing the seriousness of the offence. The court, after considering the facts, granted regular bail on a bond of Rs.10,000 with two sureties, directing compliance with the Additional District & Sessions Judge‑6th‑cum‑Special Judge POCSO, Madhepura.
Issues considered
- Whether bail should be granted to an accused charged with attempted rape of a minor under Sections 8 and 12 of the POCSO Act and Section 76 of the BNS.
Legislation cited
Subjects
- bail
- POCSO
- attempted rape
- minor
- regular bail
- Section 76 BNS
- Section 8 POCSO
- Section 12 POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91421 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- PURAINI District- Madhepura
======================================================
Bipat Chaudhary S/O Late. Kanik Chaudhary R/O Village- Dhana Basa, Ward
No.-1, P.S.- Puraini, Dist.- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O XY R/O Village- Dhana Basa, Durgapur, Ward No.-1, P.S.- Puraini,
Dist.- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 76 of the
BNS and under Sections 8 & 12 of the POCSO Act.
3. The case of the prosecution, in short, is that the
petitioner took the minor daughter of the informant in his
banana field and started opening her pant and attempted to rape.
During course of investigation the victim of this case has given
her statement under Section 183 of the BNSS wherein she has
stated that the petitioner called her; took her to banana fields
and started opening her pant. On this, the victim raised alarm.
Children arrived there and the petitioner was being assaulted.
Patna High Court CR. MISC. No.91421 of 2025(2) dt.28-01-2026
2/2
4. Learned counsel for the petitioner has submitted
that from perusal of the statement of the victim it is clear that
only allegation against the petitioner is that he has attempted to
open the pant of the victim. Learned counsel for the petitioner
has submitted that the victim herself has refused for medical
examination. Learned counsel for the petitioner has lastly
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 30.06.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Puraini P.S. Case No. 5115020250121 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional District & Sessions Judge-6th-cum-Special
Judge POCSO, Madhepura.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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