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Patna High Court

Pramod MurmuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Petitioner Pramod Murmu was arrested in connection with a case registered under Sections 137(2), 62 and 74 of the Bihar Narcotic and Smuggling Act (BNSS) and Section 8 of the POCSO Act for allegedly forcefully applying vermilion on the head of a minor girl and attempting to take her away. The prosecution alleged that the act was done with force and with an intent to marry the minor, while the defence contended that the only allegation was the application of vermilion without any physical force and that the petitioner had no prior criminal record. The petitioner applied for bail, which was opposed by the State. After hearing both sides, the Patna High Court considered the nature of the alleged act, the absence of a prior record, and the fact that the petitioner was in judicial custody since 29‑01‑2026. The Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The bail was ordered to be executed before the District Additional Sessions Judge‑6‑cum‑Special Judge, POCSO, Banka.

Issues considered

  • Whether bail should be granted to an accused charged under Sections 137(2), 62, 74 of the BNSS and Section 8 of the POCSO Act for allegedly forcefully applying vermilion on a minor’s head.
  • Whether the alleged act constitutes a serious offence that warrants denial of bail despite the absence of prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • POCSO
  • minor
  • forced marriage
  • vermilion
  • criminal procedure
  • Bihar
  • BNSS
  • Section 137(2)
  • Section 62
  • Section 74
  • Section 8

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37861 of 2026
                         Arising Out of PS. Case No.-7 Year-2026 Thana- JAIPUR District- Banka
                 ======================================================
                 Pramod Murmu S/o Hemlal Murmu R/o Vllage - Gharchappa, P.S. - Jaipur,
                 District – Banka.                                 ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.     X Wife of Y R/o Village - Nadipur Panchmukhi, P.S.- Jaipur, Dist. - Banka.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Nandad Prasad, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Jaipur P.S. Case No.07 of 2026 registered for the offence

                   punishable under Sections 137(2), 62 & 74 of the BNS and under

                   Section 8 of the POCSO Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner has forcefully put vermilion on the head of the

                   informant’s minor daughter.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that only allegation against the petitioner is that of

                   putting vermilion on the head of the informant’s minor daughter.

                   He has not used any kind of force against the minor daughter of

                   the informant. From perusal of the order of the learned trial court

                   it is clear that learned trial court has recorded that the victim has
            Patna High Court CR. MISC. No.37861 of 2026(2) dt.17-06-2026
                                                        2/2




                      stated in her statement under Section 180 and 183 of the BNSS

                      that the petitioner told her that he wants to marry her and she

                      denied. He forcefully put vermilion on her head and tried to take

                      her away. It has further been submitted that even in the statement

                      of the victim it has only come that the petitioner has forcibly put

                      vermilion on her head. It has lastly been submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 29.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                      the like amount each to the satisfaction of the court of learned

                      District Additional Sessions Judge-6-cum-Special Judge, POCSO,

                      Banka in connection with Jaipur P.S. Case No.07 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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