Patna High Court
Prem Murti Ojha @ Bhola OjhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The second anticipatory bail application is not maintainable and is dismissed.
Summary
The petitioner, Prem Murti Ojha, filed a second anticipatory bail application in a POCSO case (Case No. 38/2024) alleging sexual assault of a minor. The prosecution alleged that the petitioner had molested the victim whenever he got an opportunity, as recorded in the victim's statement under Section 164 of the CrPC. The petitioner’s counsel argued that he had no prior criminal record and that his health condition warranted bail. The State opposed the bail, contending the seriousness of the allegations. The court held that the second anticipatory bail application was not maintainable, especially in view of the victim’s statement, and dismissed the application. The petitioner was directed to surrender within two weeks and seek regular bail, failing which the police would arrest him.
Issues considered
- Whether the second anticipatory bail application is maintainable
- Whether anticipatory bail can be granted in light of the victim's statement under Section 164 CrPC and allegations under the POCSO Act
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- POCSO
- sexual assault
- Criminal Procedure Code
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4306 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
1. The State of Bihar
2. X S/O Y R/O Village- Nimej, P.S.- Brahmpur, District- Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr.Vijay Anand, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard Mr. P. N. Shahi, learned Senior Counsel for the
petitioner and learned A.P.P. for the State.
2. This is the second attempt of the petitioner for
grant of anticipatory bail in connection with POCSO Case No.
38/2024 arising out of Brahmpur P.S. Case No. 454 of 2023
instituted under Sections 363/366(A) of the I.P.C. and Section 8
of the POCSO Act.
3. As per the prosecution case, petitioner is accused
of sexually assaulting the victim girl
4. Learned Senior Counsel for the petitioner submits
that the petitioner has not assaulted anyone. Petitioner has
clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.4306 of 2026(2) dt.12-02-2026
2/2
for anticipatory bail of the petitioner..
6. Though I am of the view that the second
anticipatory bail application is not maintainable, since Mr. P.N.
Shahi, learned Senior Counsel for the petitioner has advanced
arguments on merits, I find that the health condition of the
petitioner has been referred to in the statement of the victim
recorded under Section 164 Cr.P.C., wherein she has alleged
that the petitioner molested her whenever he got an
opportunity.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Buxar will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Buxar through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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