Patna High Court
Prakash Kumar Verma @ Prakash SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied pre‑arrest bail to the petitioner.
Summary
Petitioner Prakash Kumar Verma was accused of forcibly taking a minor girl into his garage on 28 October 2025 and attempting to rape her, causing injuries to her feet and fingers. The prosecution alleged that the victim and her informant identified the petitioner, showed injury marks, and claimed ongoing threats from him. The petitioner sought pre‑arrest bail, invoking sections 127(2), 76, 115(2), 109 of the BNS and section 8 of the POCSO Act. The court examined the oral statements of the victim and informant, the medical evidence of injuries, and the seriousness of the alleged offences. Considering the gravity of the charges, the material evidence, and the threat to the victim, the court rejected the petition for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the alleged offences and the evidence on record
- Whether the nature and seriousness of the charges under the BNS and POCSO Act justify denial of bail
Legislation cited
Subjects
- pre‑arrest bail
- rape
- POCSO Act
- criminal procedure
- bail denial
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1688 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- DUMRAO District- Buxar
======================================================
Prakash Kumar Verma @ Prakash Soni S/O- Lakshaman Prasad Soni @
Laxman Prasad R/O-village and Mohalla- Machharhatta Gali, Dumraon, P.O
and P.S- Dumraon, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Devi Wife of sonu kumar R/O- Tedhi Bazar, Bangla Road, P.O and P.S-
Dumraon, District- Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Ranjan, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 127 ( 2 ), 76, 115 ( 2 ) and
109 of BNS and section 8 of POCSO Act.
3 . As per the prosecution case , on 28.10.2025 , when
minor daughter of informant was returning after distributing
Chhath Puja Prasad, this petitioner who was in his garage
forcibly took her inside the garage and tried to commit rape
upon her due to which daughter of informant sustained injuries
on her feet and fingers. It is further alleged that when nearby
people gathered there , then petitioner chased her daughter who
Patna High Court CR. MISC. No.1688 of 2026(2) dt.28-01-2026
2/2
fled away through the back door of the garage and escaped.
4. From bare perusal of impugned order, it appears
that the victim and the informant were orally examined in the
victim room and the victim has supported the case of the
prosecution and also showed the injury marks on her leg and
finger. She also stated that she and her family members are
continuously receiving threat from petitioner and others.
5 . Considering the nature of accusation , materials
available on the record and gravity of offence , prayer for pre-
arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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