Patna High Court
Pramod MurmuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic and Smuggling Act (BNSS) — s. 137(2), 180, 183, 62, 74
- Protection of Children from Sexual Offences Act (POCSO) — s. 8
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/-
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