Patna High Court
Nitish Singh @ Nitish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for pre‑arrest bail was denied.
Summary
Nitish Singh applied for pre‑arrest bail after being implicated in a case alleging that he misbehaved with and touched the private parts of the informant’s minor daughter. The FIR charges him under sections 115(2), 126(2), 65(2), 351(2), 352 and 3(5) of the BNS and sections 4/8 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNSS was admitted as evidence supporting the prosecution. The Court considered the seriousness of the alleged sexual offences against a minor and the gravity of the accusations. Finding the allegations serious and the victim’s statement credible, the Court rejected the petitioner’s prayer for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged sexual offences against a minor under the BNS and POCSO Act
- Whether the victim’s statement under Section 183 BNSS suffices to deny bail
Legislation cited
Subjects
- pre‑arrest bail
- sexual assault
- minor
- victim statement
- BNS
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3316 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Nitish Singh @ Nitish Kumar Singh Son of Nagendra Singh Resident of
Village- Nawada, P.S.- Isuapur, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pooja Devi Wife of Ajay Dubey Resident of Village- Nawada, P.S.- Isuapur,
District- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sarma, senior Advocate
Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
For informant : Ms. Kumari Rashmi , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner, informant
and the State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 115 ( 2 ), 126 ( 2 ), 65 ( 2 ),
351 ( 2 ), 352 and 3 (5) of BNS and 4 / 8 of POCSO Act.
3 . As per F.I.R. petitioner is alleged to have
misbehaved with the minor daughter of informant and also
touched her private parts.
4. The victim in her statement recorded under Section
183 of BNSS has supported the prosecution case .
5 . Considering the nature of accusation , statement of
the victim recorded under section 183 BNSS and gravity of
Patna High Court CR. MISC. No.3316 of 2026(2) dt.02-02-2026
2/2
offence , prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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