Patna High Court

Santosh SinghversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISMISSED
Bench: PURNENDU SINGH

Holding

The bail application was dismissed.

Summary

Santosh Singh applied for pre‑arrest bail in a case registered as Town P.S. Case No. 605 of 2024, alleging offences under Sections 64, 352, 351(2) and 3(5) of the BNS and Sections 4 and 6 of the POCSO Act, relating to alleged sexual misconduct with the informant. The victim, who is also the petitioner's niece, gave a statement under Section 183 BNSS supporting the allegations against her uncle. The court examined the seriousness of the charges and the victim's corroborated statement. Considering the gravity of the offences and the victim's testimony, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail for offences under the BNS and POCSO Acts given the nature of the allegations and the victim's statement.

Legislation cited

BNS — s. 3(5), 351(2), 352, 64
BNSS — s. 183
POCSO Act — s. 4, 6

Subjects

pre‑arrest bail
sexual assault
POCSO Act
victim statement
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.45272 of 2025
                         Arising Out of PS. Case No.-605 Year-2024 Thana- NAGAR District- Vaishali
                  ======================================================
                  Santosh Singh S/o Late Vishnudeo Prasad Singh @ Vishnudeo Singh @ Santu
                  Sahni Village- Bagmusha, Ward No. 8, PS- Town (Hajipur), Distt.- Vaishali
                                                                           ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar
            2.     Anjali Kumari D/o Late Sunil Singh Village- Bagmusha, Ward No. 8, PS-
                   Town (Hajipur), Distt.- Vaishali
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Kumar Mritunjay, Advocate.
                  For the Opposite Party/s :        Mrs.Anita Kumari, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

5    21-01-2026                       Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Town P.S. Case No. 605 of 2024 registered for the offence

                    punishable under Sections 64, 352, 351(2) and 3(5) of the BNS

                    and Sections 4 and 6 of the POCSO Act.

                                 3. Allegation is of committing sexual wrong with the

                    informant.

                                 4. Considering the fact that the victim in her statement

                    recorded under Section 183 BNSS has supported the allegation

                    against her own uncle who has committed wrong with her, I am

                    not inclined to enlarge the petitioner on pre-arrest bail.

                                 5. The bail application stands dismissed.


                                                                 (Purnendu Singh, J)
mantreshwar/-
U      T

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