Patna High Court
Prem Murti Ojha @ Bhola OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Prem Murti Ojha, was arrested in connection with a POCSO case (Case No. 38 of 2024) arising from a police report (Case No. 454 of 2023) alleging offences under IPC sections 363 and 366A and Section 8 of the POCSO Act. The prosecution alleges sexual assault, but the victim's statement recorded under Section 164 CrPC indicates that the specific charge against the petitioner is only an attempt to commit rape. The petitioner, who has been in custody since 25‑04‑2026, pleaded innocence and claimed a clean antecedent, while the State opposed bail. The learned counsel for the petitioner argued for regular bail, and the court, after considering the facts, allowed the bail application. The court ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to conditions of regular appearance and cooperation in the trial, and clarified that its observations are prima facie and not a determination on the merits.
Issues considered
- Whether regular bail can be granted to an accused in a POCSO case where the alleged offence is attempt to commit rape.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- regular bail
- POCSO
- attempt to rape
- IPC 363
- IPC 366A
- Section 8 POCSO
- Criminal Procedure Code
- high court bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39727 of 2026
Arising Out of PS. Case No.-454 Year-2023 Thana- BRAHMPUR District- Buxar
======================================================
Prem Murti Ojha @ Bhola Ojha S/O Dharmendra Narayan Ojha R/O Village-
Barhampur Petrol Pump, P.S.- Barhampur, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate
Mr. Roop Kishan, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
POCSO Case No. 38 of 2024 arising out of Brahmpur P.S. Case
No. 454 of 2023 registered for the offence under Section(s) 363
and 366A of the Indian Penal Code and Section 8 of the POCSO
Act.
3. As per the prosecution case, the petitioner is
accused of sexually assaulting the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 25.04.2026 and claims clean
antecedent.
Patna High Court CR. MISC. No.39727 of 2026(2) dt.07-07-2026
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Though the petitioner is accused of sexually
assaulting the victim but from the statement of the victim girl
recorded under Section 164 Cr.P.C., it appears that the specific
allegation against the petitioner is only of attempting to commit
rape.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Brahmpur P.S. Case
No. 454 of 2023subject to conditions that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
9. 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
Patna High Court CR. MISC. No.39727 of 2026(2) dt.07-07-2026
3/3
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
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