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Patna High Court

KAMALDEV PRASADversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Kamaldev Prasad, applied for bail in a criminal case registered under Sections 376, 376(b) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, alleging rape of the informant's daughter. The trial was already at an advanced stage. The court considered the seriousness of the offences and the progress of the trial. It held that granting bail at this juncture would be inappropriate. Consequently, the bail petition was rejected. The court clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the trial.

Issues considered

  • Whether bail can be granted to the accused in a rape and POCSO case at an advanced stage of trial

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30047 of 2026
                        Arising out of PS. Case No.-68 Year-2023 Thana- MAHILA PS District- Gaya
                 ======================================================
                 KAMALDEV PRASAD S/o KALYUG MAHATO R/o vill - Hardawan, P.O.-
                 Hardawan, P.S.- Bahera (O.P), Dobhi, Distt.- Gaya
                                                                   ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.    XYZ W/o Dilip Singh R/o vill - Hardawan, P.O.- Hardawan, P.S.- Bahera
                 (O.P), Dobhi, Distt.- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vikash Kumar, Advocate
                 For the Opposite Party/s :        Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Gaya Mahila P.S. Case

                   No. 68 of 2023 registered for the offences punishable under

                   Sections 376,376(b) of IPC and 4/6 of the Protection of

                   Children from Sexual Offences Act.

                               3. The allegation is the petitioner has committed rape

                   upon the daughter of the informant.

                               4. Considering that the trial is at advanced stage, this

                   Court is not inclined to grant bail to the petitioner.

                                5. Accordingly, the prayer for bail of the

                   petitioner is rejected.

                                6. It is made clear that any observation made
                          Patna High Court CR. MISC. No.30047 of 2026(2) dt.06-05-2026
                                     2/2




           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.



                                     (Ansul, J)
Vikash/-

U      T


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