Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the petitioner was found to be tampering with evidence and the allegations were serious.
Summary
The petitioner, Golu Kumar, was accused of molesting a 13‑year‑old girl under multiple provisions of the Bihar Penal Code, the POCSO Act and the SC/ST Act. He applied for anticipatory bail, claiming that the parties had settled the dispute, a view supported by the informant's counsel. The court, however, found that the petitioner was tampering with evidence and considered the allegations serious. Consequently, the court refused to grant anticipatory bail and dismissed the application. The petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious charges and alleged tampering with evidence
- Whether a settlement between parties affects the grant of anticipatory bail
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 126(2), 351(2), 352, 74
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- molestation
- POCSO Act
- SC/ST Act
- tampering with evidence
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43823 of 2025
Arising Out of PS. Case No.-881 Year-2024 Thana- FATUA District- Patna
======================================================
Golu Kumar S/O Bablu Kumar @ Bablu Singh R/O Village- Raypur Balwa,
PS- Fatuha, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Durga Paswan S/O Shyam Paswan R/O Village- Raypur Balwa, PS- Fatuha,
Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Fatuha P.S. Case No. 881 of 2024 registered for
the offence under Sections 126(2), 115(2), 74, 352, 351(2) of the
BNS, under Sections 6/12 of the POCSO Act and under
Sections 3(1)(r), 3(1)(s), 3(1)(w) of the SC/ST Act.
3. As per the prosecution case, the petitioner is
accused of molesting a 13 years old victim girl.
4. Learned counsel for the petitioner submits that
the parties have settled their dispute.
5. Learned counsel for the informant also supports
Patna High Court CR. MISC. No.43823 of 2025(6) dt.21-01-2026
2/2
the submission of the learned counsel for the petitioner.
6. In view of the aforesaid, it appears that the
petitioner is tampering with the evidence and therefore
considering the serious allegations levelled against the
petitioner, this Court is not inclined to grant anticipatory bail to
the petitioner.
7. Accordingly, this application for anticipatory
bail is dismissed.
8. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Senior Superintendent of Police, Patna
will take all steps for arrest of the accused person/s including
the petitioner.
9. Let a copy of this order this order be
communicated to the Senior Superintendent of Police, Patna
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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