Created by Fuzzy Cloud

Patna High Court

Prince Kumar Yadav @ Eta @ Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted as the court found a prima facie case against the petitioner.

Summary

The petitioner, Prince Kumar Yadav, sought anticipatory bail after a minor girl alleged that he molested her, threatened her life, and forced her to dance naked. The FIR charged him under Sections 75, 351(2), 351(3), and 352 of the Bharatiya Nyaya Sanhita and Sections 8 and 17 of the POCSO Act, with a statement recorded under Section 183 of the CrPC. The petitioner argued innocence, lack of medical evidence, and absence of identification in CCTV footage, while the prosecution highlighted the victim's statement and alleged CCTV evidence establishing a prima facie case. The court examined the seriousness of the allegations involving a child and the material on record. Concluding that a prima facie case existed, the court declined to grant anticipatory bail, rejecting the petitioner's prayer.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged molestation and threats against a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
  • Whether the material on record, including the FIR, statement under Section 183, and alleged CCTV footage, establishes a prima facie case sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • child protection
  • POCSO
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • prima facie case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4424 of 2026
                      Arising Out of PS. Case No.-35 Year-2025 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Prince Kumar Yadav @ Eta @ Prince Kumar son of Nagendra Yadav
                 Resident Of Village- Hardobara Po- Babhabara Ps -Barhariya Dist -Siwan


                                                                                   ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    XXX Daughter of YYY Resident Of Village- Hardobara Po- Babhabara Ps
                 -Barhariya Dist -Siwan

                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishore Prasad, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   05-05-2026                    Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Mahila Siwan Police Station Case No. 35 of

                   2025, registered for the offences punishable under Sections

                   75, 351(2), 351(3) and 352 of Bharatiya Nyaya Sanhita and

                   Section 8/17 of POCSO Act.

                                3. The prosecution case, in brief, is that the

                   informant, a minor girl aged about 13 years, has alleged that

                   the petitioner subjected her to mental harassment. On
Patna High Court CR. MISC. No.4424 of 2026(3) dt.05-05-2026
                                            2/3




          18.05.2025 at about 07:30 a:m., near Fakhuruddin Pur

          More, while she was going to school, the petitioner

          molested her by inappropriately touching her breast and

          also threatened to kill her if she did not talk to him and

          further threatened to compel her to dance naked.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated due to

          ulterior motives. No cogent material or medical evidence

          supports the allegation. Independent witnesses do not

          support the prosecution case and even CCTV footage does

          not identify the petitioner. The victim refused medical

          examination and the case appears to be based on prior

          dispute. Petitioner is a student and is having clean

          antecedent.

                       5. Learned Additional Public Prosecutor for the

          State vehemently opposed the prayer for bail and submits

          that prima facie materials on record, including the statement

          recorded under Section 183, support the allegation against

          the petitioner, and his involvement is also reflected in the

          CCTV footage.

                       6. Considering the nature of allegations made in
           Patna High Court CR. MISC. No.4424 of 2026(3) dt.05-05-2026
                                                       3/3




                     the FIR, the statement recorded under Section 183 and the

                     fact that the girl is aged about 13 years, I am not inclined to

                     grant the petitioner privilege of anticipatory bail.

                                  7. Accordingly, the prayer for bail rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.