Patna High Court
Pramod TiwariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied because of the seriousness of the alleged sexual assault and the presence of sufficient evidentiary material.
Summary
Petitioner Pramod Tiwari was charged under Sections 85, 65(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act for alleged sexual assault on his minor daughter. He had been in custody since 12 April 2026 and applied for regular bail. The court noted the seriousness of the offence and the presence of sufficient material indicating his involvement. Considering the gravity of the alleged crime, the court was not inclined to grant bail. Consequently, the bail application was dismissed, with the court emphasizing that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted in a case of alleged sexual assault of a minor under the Bharatiya Nyaya Sanhita and POCSO Act
- Whether the existence of sufficient material evidence justifies denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 65(1), 85
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- sexual assault
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39684 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- MUFFASIL District- Aurangabad
======================================================
Pramod Tiwari S/o Late Ram Parvesh Tiwari R/o Village - Parsa Tiwari
Bigaha, PS - Muffasil, District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Parsa Tiwari Bigha, P.O - Karma Bhagwanpur, P.S -
Muffasil, District - Aurangabad At present R/o Village - Badgaon, Block -
Mandu, District - Ramgarh, State - Jharkhand
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Opposite Party/s : Mr. Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Muffasil P.S. Case No. 140 of 2026 registered for the offence
under Sections 85, 65(1), 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner is alleged
to have committed sexual assault upon the victim, who is stated
to be his minor daughter.
4. The petitioner is in custody since 12.04.2026. The
allegations against the petitioner are serious in nature and there
are sufficient materials collected during investigation indicating
Patna High Court CR. MISC. No.39684 of 2026(2) dt.22-06-2026
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his involvement in the alleged offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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