Patna High Court
Prince Kumar Yadav @ Eta @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nyaya Sanhita — s. 351(2), 351(3), 352, 75
- Criminal Procedure Code — s. 183
- Protection of Children from Sexual Offences Act — s. 17, 8
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
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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
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