Chhotelal Bind @ Chhetelal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76812 of 2025 Arising Out of PS. Case No.-731 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chhotelal Bind @ Chhetelal Bind S/O Late Sita Bind R/O Village Sarangpur , P.s. Bhabua , District Kaimur At Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXXXX D/O XXXX R/O Village Sarangpur , P.s. Bhabua , District Kaimur At Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. No one appears on behalf of the opposite party no. 2 despite the fact that notice was received by the opposite party no. 2 personally.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 74, 76, 3(5) of the B.N.S. and Sections 8, 12 of the POCSO Act.

3. Petitioner is said to have tried to commit rape with the informant.

4. Learned counsel for the petitioner submits that the allegations levelled against the petitioner are not correct and as a matter of fact the petitioner is co-villager of the victim and

Patna High Court CR. MISC. No.76812 of 2025(5) dt.19-02-2026 2/3 scuffle had taken place when the petitioner had objected to the act of the victim easing herself in the field of the petitioner and such incident was wrongly transformed into an allegation of petitioner and co-accused dragging her forcefully by covering her mouth. It is further submitted that neither the FIR nor the statement of the victim under Section 183 of the B.N.S. discloses any allegation of any sexual assault etc. Further, the victim has also refused her medical examination which would appear from the case diary. Petitioner is in custody since 29.09.2025 with no criminal antecedent and charge-sheet has already been submitted.

5. Learned APP for the State has opposed the application for bail on the ground of the allegations made in the FIR.

6. Taking into consideration the facts and circumstances and also considering the fact that no allegation of any sexual assault etc. has been made either in the First Information Report or in the statement of the victim under Section 183 of the B.N.S.S., let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.76812 of 2025(5) dt.19-02-2026 3/3 pending/successor court in connection with Bhabua P.S. Case No. 731 of 2025.

(Soni Shrivastava, J) devendra/- U T