Patna High Court
Laxmi Prasad @ Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Laxmi Prasad, was charged under Section 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act for kidnapping and sexually assaulting a five‑year‑old child. The child was recovered and the petitioner has been in custody since 4 August 2024. He applied for regular bail before the Patna High Court. The court examined the seriousness of the offences, the nature of the crime involving a minor, and the risk to society. Considering the gravity of the allegations, the court declined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to an accused of kidnapping and sexual assault of a minor under the Bharatiya Nyaya Sanhita and POCSO Act
Legislation cited
Subjects
- bail
- kidnapping
- sexual assault
- minor
- POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58492 of 2025
Arising Out of PS. Case No.-193 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Laxmi Prasad @ Vicky Kumar S/o Jawahar Sah @ Jawahar Prasad @ Jawahir
Sah R/o Village-Siswa Bajrang Chauk, P.S- Banjariya, District-East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nagmati Devi W/o Bhola Thakur R/o Vill and Post- Siswa, P.S.- Banjariya,
Distt- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ranjana Srivastava
For the Opposite Party/s : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Banjariya P.S. Case No. 193 of 2024 registered for the offence
under Sections 96 of the Bharatiya Nyaya Sanhita, 2023 and
Section 8 of the POCSO Act.
3. According to the prosecution case, the petitioner is
accused of kidnapping a five-year-old minor child, misbehaving
with her, and committing sexual acts against her. The child has
been recovered from the petitioner. He is in custody since
04.08.2024.
4. Considering the nature and the gravity of the
Patna High Court CR. MISC. No.58492 of 2025(3) dt.19-03-2026
2/2
offence, this Court is not inclined to grant regular bail to the
petitioner.
5. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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