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
- Indian Penal Code — s. 376, 376(b)
- Protection of Children from Sexual Offences Act — s. 4, 6
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.