IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78578 of 2024 Arising Out of PS. Case No.-349 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Bablu Ansari Son of Mahzid Ansari @ Majid Ansari Resident of Village - Chhotka Purwa P.S- Brahmpur, District- Buxar ... ... Petitioner/s Versus 1. The State of Bihar 2. Umrawati Devi Wife of Rajesh Kumar Sah Resident of Village - Chhotka Purwa P.S- Brahmpur, District- Buxar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 6 24-03-2025 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 65(1) of Bhartiya Nyaya Sanhita and under Section 4 of the POCSO Act. 3. The case of the prosecution is that the petitioner has raped the minor daughter of the informant. 4. Learned counsel for the petitioner has submitted that during course of investigation the victim has given her statement under Section 183 of the BNSS and in her statement before Magistrate she has stated that on 17.07.2024 when she has gone to lock the thela of her father, the petitioner arrived Patna High Court CR. MISC. No.78578 of 2024(6) dt.24-03-2025 2/3 there; he gagged her mouth; she was crying; the petitioner pulled her pyjama down and slept on her body. From the perusal of the statement of the victim it transpires that she has not stated anything regarding rape. She has simply stated that the petitioner slept over her body. In this case, the medical report is alos available and from perusal of the medical report it transpires that the medical board has only assessed the age of the victim. They have not given any objective finding regarding rape. The petitioner is in custody since 19.07.2024. 5. Learned APP appearing for the state has opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the 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 Brahmpur P.S. Case No. 349 of 2024 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- VIth-cum-Special Judge, POCSO Act, Buxar. 7. Before parting, it is very disheartening to note that in a case of rape, the medical board has only assessed the age of the victim and have not given any objective finding. The Patna High Court CR. MISC. No.78578 of 2024(6) dt.24-03-2025 3/3 Doctors must be sensitized. 8. Let a copy of this order be sent to Civil Surgeon (C.S.) to sensitize the Doctors in this regard. durgesh/- (Ashok Kumar Pandey, J) U T