Dismissed¶19

Bholu Miyan v. The State of Bihar

Patna HC3 Apr 2025CR. MISC./752/2025

Case brief

AI extract

What is this about?

Patna High Court bail refusal; CR. MISC. No.752 of 2025; Bholu Miyan v. State of Bihar and Kusum Devi; Krishna Garh P.S. Case No. 88 of 2024, District Bhojpur; charges under B.N.S. Sections 65(2), 351(2), 61(2), 191(2), 249(1) and POCSO Act Sections 4 & 6; kidnapping and rape of minor daughter of informant; Section 183 B.N.S.S. victim statement with specific allegation of rape; charge-sheet submitted; judicial custody since 19.08.2024; bail prayer rejected 03-04-2025 by Rudra Prakash Mishra, J.; direction to court below to expedite trial; informant unrepresented; case diary perused.

What did the court decide?

Bail refused: considering the nature and gravity of the offence and the victim girl's statement recorded under Section 183 of the B.N.S.S., the Court was not inclined to grant bail to the petitioner. ¶19

Bholu Miyan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.752 of 2025

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Arising Out of PS. Case No.-88 Year-2024 Thana- KRISHNAGARH District- Bhojpur

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======================================================

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Bholu Miyan S/O Md. Anarash Miyan @ Anas Miya R/o Village- Gundi, P.S. Krishna Garh, District-Bhojpur (Arrah)

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... ... Petitioner/s

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Versus

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The State of Bihar

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Kusum Devi W/O Om Prakash Vishwakarma R/o Village- Gundi, P.S. Krishna Garh, District-Bhojpur (Arrah)

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Chandan Kumar Verma, Adv. For the Opposite Party/s : Mr.S anjay Kumar Singh, APP For the Informant : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 03-04-2025

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Heard learned counsel for the petitioner and learned APP for the State. No one appears on behalf of the O.P. No.2. Perused the case diary.

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The petitioner seeks bail in connection with Krishna Garh P.S. Case No. 88 of 2024 instituted for the offences under Sections 65(2), 351(2), 61(2), 191(2), 249(1) of the B.N.S. and Section 4 & 6 of the POCSO Act.

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As per prosecution case, the accusation against the petitioner is of kidnapping and committing rape upon the minor daughter of the Informant.

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Patna High Court CR. MISC. No.752 of 2025(4) dt.03-04-2025 2/3

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. There is no independent witness in this case rather the same are interested witnesses. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.08.2024 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The victim girl is minor. Medical report supports the prosecution case. The victim girl, in her statement recorded under Section 183 of the B.N.S.S., has made specific allegation of rape against the petitioner. The Investigating Officer, after completion of investigation, has submitted charge-sheet under Sections 65(2), 351(2), 61(2), 191(2), 249(1) of the B.N.S. and Section 4 & 6 of the POCSO Act

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Having heard learned counsel for the parties and considering the nature and gravity of the offence as also taking into account the statement of the victim girl recorded under Section 183 of the B.N.S.S., this Court is not inclined to grant bail to the petitioner.

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Patna High Court CR. MISC. No.752 of 2025(4) dt.03-04-2025 3/3

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