Patna High Court
Bablu Kumar @ Babua SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bablu Kumar, was arrested in connection with a Mahila Police Station case alleging molestation and attempted rape under several sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. He has been in custody since 11 February 2026 and claims a clean antecedent. The petitioner and the victim, who belong to the same village, have reportedly settled their dispute amicably. The petitioner applied for regular bail, arguing that the settlement and his clean record warrant release. The court, after hearing counsel, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, while noting that the observations are prima facie and not determinative of the trial's merits.
Issues considered
- Whether regular bail can be granted in a case involving serious sexual offences under the Bharatiya Nyaya Sanhita and POCSO Act despite the gravity of the charges
- Whether an amicable settlement between the accused and the victim influences the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 351(3), 62, 64, 74, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- regular bail
- sexual offences
- settlement
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22035 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- MAHILA P.S. District- Kaimur (Bhabua)
======================================================
Bablu Kumar @ Babua Singh Son of Prameshwar Singh @ Mani Singh
Resident of Village - Badavan Kala, P.S. - Adhaura, District - Kaimur
(Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX D/o of YY Resident of Village - Badavan Kala, P.S. - Adhaura, District -
Kaimur (Bhabua).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Mahila P.S. Case No. 03 of 2025 registered for the offence
under Section(s) 62, 64, 74, 76, 115(2), 126(2), 351(2), 351(3)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8/12
of the POCSO Act.
3. The allegations against the petitioner relate to
molestation and attempt to commit rape. Both the petitioner and
the victim belong to the same village. The petitioner is in
custody since 11.02.2026 and claims clean antecedent.
4. It is submitted that both the parties have amicably
Patna High Court CR. MISC. No.22035 of 2026(2) dt.08-04-2026
2/2
settled their dispute.
5. In view of the settlement between the parties, this
application for regular bail is allowed.
6. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Mahila P.S. Case
No. 03 of 2025.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…