Patna High Court
Gajendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court refused to grant pre‑arrest bail to the petitioner.
Summary
The petitioner, Gajendra Singh, applied for pre‑arrest bail in a case (Siwan Muffasil P.S. Case No. 777/2025) alleging offences under Sections 126(2), 115(2), 74, 351(2) of the BNS and Section 8 of the POCSO Act, wherein he was accused of entering a house and attempting to commit a sexual offence against the informant’s minor daughter. The petitioner claimed innocence, alleging that the case stemmed from a land dispute and prior enmity, and pointed to a compromise petition filed in the District Court. The State opposed bail, emphasizing the victim’s corroborated statement under Section 183 of the BNSS and arguing that the petitioner, being a mature person, should not be released. The court, considering the seriousness of the allegations, declined to grant pre‑arrest bail, though it allowed the District Court to consider the compromise petition. Consequently, the bail application was disposed without relief.
Issues considered
- Whether pre‑arrest bail can be granted in offences under Sections 126(2), 115(2), 74, 351(2) of the BNS and Section 8 of the POCSO Act.
- Whether the filing of a compromise petition influences the grant of pre‑arrest bail.
- Whether the victim’s statement under Section 183 of the BNSS precludes bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 126(2), 351(2), 74
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- pre‑arrest bail
- POCSO Act
- sexual offence
- compromise petition
- victim statement
- land dispute
- enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6069 of 2026
Arising Out of PS. Case No.-777 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Gajendra Singh, aged about 40 years, Son of Khalifa Singh @ Kamleshwar
Singh Resident of Village - Sarsar, P.S. - Siwan Muffasil, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of Ram Pravesh Singh R/o Village - Sarsar, P.S. - Siswan(M),
Dist. - Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 15-04-2026 Heard Mr. Arbind Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Rabindra Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Siwan Muffasil P.S. Case No. 777/2025 registered for the
offence(s) punishable under Sections 126(2),115(2),74,351(2) of
the BNS and Section 8 of the POCSO Act.
3. As per the allegations made in the FIR, the
petitioner is said to have entered the informant’s house and
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thereafter attempted to commit wrong with the informant’s
minor daughter.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case due to land dispute and
previous enmity. Learned counsel further submitted that a joint
compromise petition has been filed before the learned District
Court.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail and submitted that the victim
has supported the allegation made in the FIR in her statement
recorded under Section 183 of BNSS and as such, the petitioner,
who is a mature person, don’t deserve to be released on pre-
arrest bail.
6. Considering the nature of allegation made against
the petitioner, I am not inclined to grant pre-arrest bail to the
petitioner.
7. However, considering the fact that a compromise
petition has been filed before the learned District Court, the
learned District Court may proceed to consider the said
compromise petition in the background of the statement made
on behalf of the petitioner that due to land dispute and previous
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enmity, the petitioner has been roped in the present case.
8. The bail application, accordingly, stands disposed
of.
(Purnendu Singh, J)
Sanjay/-
U T
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