Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
The petitioner, Rohit Kumar, filed an anticipatory bail application fearing arrest in a case (Siwan Town P.S. Case No. 218 of 2025) alleging offences under Sections 76, 352, 351(2), 3(5) of the BNS and Sections 8 and 17 of the POCSO Act. The prosecution alleges that the petitioner entered the informant’s house and misbehaved with a minor girl, constituting serious offences. The petitioner contended that he and the informant are neighbours and that he has been falsely implicated. The learned counsel for the State opposed the grant of anticipatory bail, emphasizing the gravity of the charges. The Court, after considering the seriousness of the allegations, declined to grant anticipatory bail and dismissed the application. The petitioner was directed to surrender within four weeks and to apply for regular bail, failing which the police were authorized to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious allegations under the BNS and POCSO Acts
Legislation cited
Subjects
- anticipatory bail
- POCSO Act
- false implication
- criminal procedure
- minor protection
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46373 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- SIWAN CITY District- Siwan
======================================================
Rohit Kumar Son of Chhotelal Prasad village- Purani Quila Baniya toli Ps-
Siwan Town, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Munni Devi Wife of Radheshyam Prasad village- Purani Quila Baniya toli
Ps- Siwan Town, Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
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 Siwan Town P.S. Case No. 218 of 2025
registered for the offence under Sections 76, 352, 351(2), 3(5) of
the BNS and under Section 8, 17 of POCSO Act.
3. As per the prosecution case, the petitioner is
said to have entered the home of the informant and misbehaved
with the minor victim girl.
4. Learned counsel for the petitioner submits that
the petitioner and the informant are neighbours and he is falsely
been implicated in this case.
Patna High Court CR. MISC. No.46373 of 2025(4) dt.19-02-2026
2/2
5. Considering the serious allegations levelled
against the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory
bail is dismissed.
7. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Siwan will take
all steps for arrest of the accused person/s including the
petitioner.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, Siwan through
FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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