Regular bail sought in a case of rape of a minor deaf girl involving BNS, POCSO and SC/ST Act offences. The court found the victim's Section 183 BNSS statement and medical report corroborated the prosecution case and rejected bail, directing expeditious trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11989 of 2025
Arising Out of PS. Case No.-543 Year-2024 Thana- KONCH District- Gaya
======================================================
Jit Mohan Saw S/o Late Budhan Saw R/o vill - Mahadevpur, P.S.- Konch, Distt.- Gaya
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
6 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Konch
P.S. Case No. 543 of 2024 instituted for the offence under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 4/6 of the POCSO Act and Sections 3(1)(w)(i) & 3(2)(va) of the SC/ST Act.
3. Prosecution case in a short is that petitioner committed an illicit act and later raped the informant’s minor daughter.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-12-2024. Petitioner
Patna High Court CR. MISC. No.11989 of 2025(6) dt.02-07-2025 2/3
bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. It is submitted that there is no eye witness to the occurrence. The petitioner is very old person and is totally impotent.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim is deaf and in her statement recorded under Section 183 of the BNSS, 2023, she has fully supported the prosecution case, moreover, she is minor. Referring to medical report, it is submitted that hymen of the victim was found ruptured and doctor has opined that there is evidence of sexual intercourse.
7. Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence, coupled with the fact that statement of the victim recorded under Section 183 of the BNSS, 2023 as well as medical report, both corroborates the prosecution case, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is, accordingly, rejected .
Patna High Court CR. MISC. No.11989 of 2025(6) dt.02-07-2025 3/3
8. The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
1 issue framed by the court
Whether the petitioner accused of rape of a minor under BNS, POCSO and SC/ST Act provisions should be granted regular bail.
4 provisions across 4 enactments
Jit Mohan Saw
The State of Bihar
Shakuntala Devi
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
