Gautam Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32246 of 2026 Arising Out of PS. Case No.-1 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Gautam Bind S/O Jaggu Bind R/O Village- Dudhara, Police Station- Bhabua, District- Kaimur, Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

XX D/O YY R/O Vill.- Narotapur, P.O.- Dumraith, P.S.- Bhabua, Dist.- Kaimur, Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Heard Mr.Jay Prakash Singh, learned counsel for the petitioner and the Mr.Chandra Bhushan Prasad, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 05.03.2026 in connection with Bhabua P.S. Case No. 01 of 2025, F.I.R. dated 01.01.2025 registered for the offence punishable under Sections 70(1), 126(2), 115(2), 351(2) of the BNS and section 4, 8 of POCSO Act.

3. Allegation against the petitioner is that he alongwith other co-accused persons have committed rape upon the victim.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.32246 of 2026(2) dt.12-05-2026 2/3 submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he alongwith other co-accused persons have committed rape upon the victim and the statement of the victim was recorded under Section 183 of B.N.S.S., 2023 in which she has categorically stated that the petitioner alongwith other co-accused person have committed rape upon her, apart from that, the Medical Report also suggests that the victim has been sexually assaulted by the petitioner and other co-accused persons, apart from that, the Date of Birth of the victim is 20.03.2008 which suggests that on the date of occurrence, the victim was minor.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Bhabua P.S. Case No. 01 of 2025, pending in the court of learned District and Additional Sessions Judge VIth-cum-Special Judge POCSO Act, Kaimur (Bhabua).

Patna High Court CR. MISC. No.32246 of 2026(2) dt.12-05-2026 3/3

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T