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Patna High Court

Gajendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

Subjects

  • pre‑arrest bail
  • POCSO Act
  • sexual offence
  • compromise petition
  • victim statement
  • land dispute
  • en​mity

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
Patna High Court CR. MISC. No.6069 of 2026(4) dt.15-04-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.6069 of 2026(4) dt.15-04-2026
                                                       3/3




                     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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