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Patna High Court

Promod Dhanuk @ Promod Kumar Prasad @ Promod Kumar Sahu @ Pramod Kumar PrasadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

The petitioners, four accused persons, were charged in Shahpur P.S. Case No. 99 of 2026 for offences under Section 70(2) of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act, alleging a gang rape of a minor. The victim’s statement corroborated the prosecution’s case, and the accused had been in custody since 20 April 2026. The petitioners applied for bail, arguing that they were entitled to liberty pending trial. The Court examined the seriousness of the allegations, the victim’s testimony, and the nature of the offences under the two statutes. Considering the gravity of the charges and the victim’s support for the prosecution, the Court was not inclined to grant bail and dismissed the application, clarifying that the order was limited to the bail question and did not prejudice the trial’s merits.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged gang rape under Section 70(2) of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act

Legislation cited

Subjects

  • bail
  • gang rape
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41472 of 2026
                        Arising Out of PS. Case No.-99 Year-2026 Thana- SAHPUR District- Bhojpur
                 ======================================================
           1.     Promod Dhanuk @ Promod Kumar Prasad @ Promod Kumar Sahu @
                  Pramod Kumar Prasad S/o Nanji Dhanuk @ Nandji Dhanuk Resident of
                  Village - Bankat, P.O.- Sikaria, P.S.- Sahpur, District - Bhojpur
           2.    Dipu Dhanuk @ Dipu Kumar Prasad S/o Bahadur Dhanuk Resident of
                 Village - Bankat, P.O.- Sikaria, P.S.- Sahpur, District - Bhojpur
           3.    Babalu Dhanuk @ Babalu Kumar @ Bablu Kumar S/o Late Mahavir
                 Dhanuk Resident of Village - Bankat, P.O.- Sikaria, P.S.- Sahpur, District -
                 Bhojpur
           4.    Tengari Pal@ Sanjay Kumar Prasad @ Sanjay Kumar Pal @ Tengri Pal @
                 Tengti Pal S/o Chhotak Pal Resident of Village - Bankat, P.O.- Sikaria, P.S.-
                 Sahpur, District - Bhojpur

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX D/o Dharmendra Thakur Resident of Village - Bankat, P.O.- Sikaria,
                 P.S.- Sahpur, District - Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Parth Gaurav, Advocate
                 For the State            :        Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners seek bail in connection with

                   Shahpur P.S. Case No. 99 of 2026 registered for the offence

                   punishable under Sections 70(2) of the Bharatiya Nyaya Sanhita

                   and Sections 4 and 6 of the POCSO Act.

                                 3. As per the prosecution case, it appears that the

                   victim was gang raped.
           Patna High Court CR. MISC. No.41472 of 2026(2) dt.25-06-2026
                                                       2/2




                                  4. The petitioners are in custody since 20.04.2026

                     and the victim girl in her statement has supported the

                     prosecution case.

                                  5. Considering the nature of the allegation, I am not

                     inclined to grant bail to the petitioners.

                                  6. Accordingly, the application stands dismissed.

                                  7. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioners at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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