Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioner, Golu Kumar, applied for anticipatory bail fearing arrest in a case (PS No. 490 of 2025) involving alleged abusive language and molestation of a minor girl. The prosecution charged him under multiple sections of the Bharatiya Nyaya Sanhita, 2023 (including sections 126(2), 115(2), 75, 329(3), 303(2), 352, 351(2) and 3(5)) and sections 8 and 12 of the POCSO Act. The court examined the nature and gravity of the alleged offences, particularly the sexual nature of the crime against a minor. Considering the seriousness, the court declined to grant anticipatory bail. The petitioner was directed to surrender within two weeks and may apply for regular bail thereafter, with the court noting that its observations are limited to this application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature and gravity of the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- anticipatory bail
- sexual offences
- POCSO
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37189 of 2026
Arising Out of PS. Case No.-490 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Golu Kumar Son of Vasdeo Sahni Resident of Village- Chandwara Chhit
Bhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X Daughter of Y Resident of Village- Chandwara Chhit Bhagwatipur, P.S.-
Ahiyapur, District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar Jha
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Ahiyapur P.S. Case No. 490 of 2025 registered for offences
under Sections 126(2), 115(2), 75, 329(3), 303(2), 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8
and 12 of the POCSO Act.
3. As per the prosecution case, the petitioner is alleged
to have used abusive language and molested the victim girl.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
Patna High Court CR. MISC. No.37189 of 2026(2) dt.15-06-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner may surrender in the court below
within a period of two weeks from today and seek regular bail,
if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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