Patna High Court
Promod Dhanuk @ Promod Kumar Prasad @ Promod Kumar Sahu @ Pramod Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.