Bipat Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91421 of 2025 Arising Out of PS. Case No.-121 Year-2025 Thana- PURAINI District- Madhepura ====================================================== Bipat Chaudhary S/O Late. Kanik Chaudhary R/O Village- Dhana Basa, Ward No.-1, P.S.- Puraini, Dist.- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X W/O XY R/O Village- Dhana Basa, Durgapur, Ward No.-1, P.S.- Puraini, Dist.- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 76 of the BNS and under Sections 8 & 12 of the POCSO Act.

3. The case of the prosecution, in short, is that the petitioner took the minor daughter of the informant in his banana field and started opening her pant and attempted to rape. During course of investigation the victim of this case has given her statement under Section 183 of the BNSS wherein she has stated that the petitioner called her; took her to banana fields and started opening her pant. On this, the victim raised alarm. Children arrived there and the petitioner was being assaulted.

Patna High Court CR. MISC. No.91421 of 2025(2) dt.28-01-2026 2/2

4. Learned counsel for the petitioner has submitted that from perusal of the statement of the victim it is clear that only allegation against the petitioner is that he has attempted to open the pant of the victim. Learned counsel for the petitioner has submitted that the victim herself has refused for medical examination. Learned counsel for the petitioner has lastly submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 30.06.2025.

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Puraini P.S. Case No. 5115020250121 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-6th-cum-Special Judge POCSO, Madhepura.

(Ashok Kumar Pandey, J) durgesh/- U T