Patna High Court
Pravind KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail, holding that the seriousness of the allegations and the victim's minority preclude the grant of bail.
Summary
Pravind Kumar was arrested on 5 January 2026 in connection with a case registered on 23 September 2025 alleging that he had sexual relations with a 15‑year‑old girl under the pretext of marriage. The petitioner sought bail, claiming a clean antecedent and that the allegations were fabricated. The State opposed bail, relying on the victim’s statement recorded under Sections 180/183 of the Bihar Narcotic Substances Act, 2023, which corroborated the prosecution’s case, and emphasizing the victim’s minor status. The court examined the seriousness of the offences under Sections 64, 351(2), 3(5) of the B.N.S., 2023 and Sections 4 and 6 of the POCSO Act, and the credibility of the victim’s testimony. Concluding that the nature of the allegations and the victim’s minority warranted denial of bail, the court refused the petitioner's bail application.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving a minor victim and serious offences under the B.N.S., 2023.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 351(2), 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- POCSO
- minor victim
- sexual assault
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23659 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- KACCHWA District- Rohtas
======================================================
Pravind Kumar Son of Sudama Singh R/o Village - Ibrahimpur, P.S. -
Kachhwan, Distt. - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXXX Son of Sudama Singh R/o Village - Saraiyan, P.S. - Kachhwan, Distt.
- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Bijendra Kumar Singh, learned counsel
for the petitioner and Mr. Nirmal Kumar Sinha, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
05.01.2026, in connection with Kachhawan P.S. Case No. 192
of 2025, F.I.R. dated 23.09.2025 registered for the offences
punishable under Sections 64, 351(2), 3(5)of the B.N.S., 2023
and Sections 4/6 of the POCSO Act.
3. Allegation against the petitioner is that he has
established physical relation with the victim on several occasion
on the pretext of marriage.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.23659 of 2026(2) dt.08-04-2026
2/3
the petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
As per allegation in the F.I.R. that the petitioner has established
physical relation with the victim on several occasion on the
pretext of marriage. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and in fact the
informant has not informed her parents about the occurrence
and she has informed the parent of the petition about the present
occurrence.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Sections 180/183 of the B.N.S.S. in which she has fully
supported the case of the prosecution and apart from that the age
of the victim was 15 years which suggests that on the date of
occurrence she was minor.
6. Considering the nature of allegation supported by
the victim in her statement recorded under Sections 180/ 183 of
the B.N.S.S., I am not inclined to enlarge the petitioner on bail
in connection with Kachhawan P.S. Case No. 192 of 2025
Patna High Court CR. MISC. No.23659 of 2026(2) dt.08-04-2026
3/3
pending in the Court of learned District & Additional Sessions
Judge-VIIth-cum-Special Judge (POCSO), Rohtas.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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