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Patna High Court

Vinod Kumar @ Vinay Kumar Mahto @ Vinay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Vinod Kumar, sought anticipatory bail after being implicated in a case alleging that he misbehaved with a minor girl, touching her private parts. The FIR charges him under Sections 126(2), 115(2), 352 and 74 of the B.N.S. and Section 8 of the POCSO Act. The victim’s statement, recorded under Section 183 of the B.N.S.S., supports the prosecution, and the petitioner has two prior criminal convictions. The court examined whether the seriousness of the allegations, the victim’s corroborated statement, and the petitioner’s criminal antecedent warranted denial of bail. Considering the nature of the offence, the victim’s statement, and the antecedents, the court rejected the petition for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of sexual assault and related offences.
  • Whether the victim’s statement under Section 183 of the B.N.S.S. and the petitioner’s prior criminal record justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • POCSO Act
  • criminal antecedent
  • victim statement
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3961 of 2026
                         Arising Out of PS. Case No.-323 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Vinod Kumar @ Vinay Kumar Mahto @ Vinay Kumar Son of Late Ram
                 Chandra Singh Resident of Bahari Dhawalpura, Imli Tal, P.S.- Bypass, Dist.-
                 Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X Wife of Sanjeet Giri Resident of Bahari Dhawalpura, P.S.- By-pass, Dist.-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tilak Sao
                 For the Opposite Party/s :        Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 126(2), 115(2),

                   352 & 74 of the B.N.S. and Section 8 of the POCSO Act.

                                3. As per F.I.R., this petitioner misbehaved with the

                   minor daughter of informant and touched her private part

                   inappropriately. The victim has supported the prosecution case

                   in her statement recorded under Section 183 of the B.N.S.S.

                   Besides this, petitioner has got two criminal antecedent.

                                4. Considering the nature of accusation, criminal

                   antecedent and statement of victim under Section 183 B.N.S.S.,
           Patna High Court CR. MISC. No.3961 of 2026(2) dt.11-02-2026
                                                       2/2




                     the prayer for anticipatory bail of petitioner is rejected.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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