Rakesh Uraon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53436 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- MATIYARIA District- West Champaran ====================================================== Rakesh Uraon, Son of Nardev Uraon, resident of village-Mandiha P.S.- Gaunaha, District- West Champaran ... ... Petitioner
Versus
1.
The State of Bihar 2.
X, Wife of Ramnarayan Urawn, resident of Village-Sonwarsha, P.S.- Matiyariya, Dist- West Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Matiyariya P.S. Case No.66 of 2025 registered for the offences punishable under Sections 87, 96, 64, 137(2), 351(2), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as sections 8 and 12 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act').
3. The accused/petitioner is named in the FIR and is in custody since 20.06.2025.
Patna High Court CR. MISC. No.53436 of 2025(3) dt.17-11-2025 2/3
4. Allegation against petitioner is to kidnap the minor daughter of informant aged about 16 years and, thereafter, to commit sexual assault upon her.
5. It is submitted by learned counsel appearing for the petitioner that after lodging present case, the statement of victim was recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'), where she completely denied the allegation of kidnapping rather she stated that as informant being parent was in process to solemnize her marriage with a person who was not her life, she out of her own will left her house and joined this petitioner, where she stated nothing incriminating that she was sexually assaulted by petitioner. It is further submitted that even the statement of Section 183 of BNSS, nowhere suggest that informant was in love with this petitioner. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover petitioner is a man of clean antecedent.
Patna High Court CR. MISC. No.53436 of 2025(3) dt.17-11-2025 3/3
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as victim completely negate the allegation of kidnapping and sexual assault through her statement recorded under Section 183 of the BNSS, qua petitioner, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 20.06.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge-VII-cum-Special Judge (POCSO), Bettiah, West Champaran in connection with Matiyariya P.S. Case No.66 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T