Patna High CourtCR. MISC./8927/2025rejected

Bhola Bhuiyan v. The State Of Bihar

2026-02-19Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8927 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- IMAMGANJ District- Gaya ====================================================== Bhola Bhuiyan, son of Late Brichman Singh, resident of village Pranchak, P.S. Imamganj, District Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 65 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have committed rape with the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case and no offence has been committed by him. It is further submitted that the very story that the victim girl was taken to the house of the petitioner and rape was committed there, does not seem to be believable in view of the fact that the petitioner is a married man with the family.The petitioner has no

Patna High Court CR. MISC. No.8927 of 2025(6) dt.19-02-2026 2/2 criminal antecedent and has been languishing in custody since 09.09.2024.

5. Learned APP for the State vehemently opposing the bail petition submitted that it is a heinous offence where a seven years old girl has been ravished and she has supported the accusation under Sections 180 and 183 of the B.N.S.S. and further medical report also supports the oral allegations.

6. Taking into consideration the facts and circumstances of the case and also considering the seriousness of the allegation, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected. However, the learned Trial Court is directed to expedite the trial as it is a case under the POCSO Act and conclude the trial preferably within a period of six months.

(Soni Shrivastava, J) Trivedi/- U T