Patna High Court
Pradeep Sah @ Pradeep SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail may be granted in serious offences when the petitioner demonstrates innocence, a clean antecedent, and credible allegations of false implication, subject to the safeguards of Section 438(2) CrPC and Section 482.
Summary
The petitioner, Pradeep Singh, sought anticipatory bail fearing arrest in a case (Bettiah Muffasil P.S. Case No. 283 of 2024) alleging molestation of a minor under Sections 341, 342, 323, 354(B), 504/34 of the IPC and Section 8 of the POCSO Act. He contended that he is innocent, has a clean antecedent, and that the victim’s mother and relatives are implicated in a separate murder case to pressure him, as his father is a witness. The State opposed the bail. The Court, after considering the submissions, allowed the anticipatory bail application, directing release on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482. The order also stipulated compliance with the Special Judge handling the POCSO case. The decision reflects the Court’s discretion to grant bail even in serious offences when the applicant shows innocence and mitigating circumstances.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged molestation of a minor under the POCSO Act and multiple IPC offences.
- Whether the petitioner’s claim of false implication, clean antecedent, and alleged pressure on the victim’s family justify the grant of bail.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482 are satisfied for the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 341, 342, 354B, 504/34
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- anticipatory bail
- POCSO
- molestation of minor
- false implication
- clean antecedent
- Section 438 CrPC
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44452 of 2025
Arising Out of PS. Case No.-283 Year-2024 Thana- MUFFASIL District- West Champaran
======================================================
Pradeep Sah @ Pradeep Singh S/O Prabhu Sah R/O Village- Purvi Farwa,
P.S.- Bettiah (Muffasil), District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Saveta Suman D/O Madan Sah R/O Village- Purvi Farwa, P.S.- Bettiah
(Muffasil), District- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bettiah Muffasil P.S. Case No. 283 of 2024
registered for the offence under Sections 341, 342, 323, 354(B),
504/34 of Indian Penal Code and Section 8 of the POCSO Act.
3. Allegation against the petitioner is of molestation
of a minor girl.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that mother of
the victim and her other family members are accused in a
Patna High Court CR. MISC. No.44452 of 2025(4) dt.19-02-2026
2/2
murder case in Muffasil P.S. Case No. 592/2021 in which the
father of the petitioner i.e. Prabhu Sah is a witness and this case
has been filed to pressurize the victim. Petitioner has clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, POCSO-cum- District & Additional Sessions Judge-VI,
West Champaran, Bettiah/ concerned Court below in connection
with Bettiah Muffasil P.S. Case No. 283 of 2024, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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