Patna High Court
Pramod Kumar @ Pramod SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied because the victim’s support for the FIR indicated sufficient grounds to continue the investigation.
Summary
The petitioner, Pramod Kumar, applied for pre‑arrest bail in a case registered under Sections 137(2), 96 and 3(5) of the Bihar Narcotic Substances Act (BNS) and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The alleged victim, a minor girl, corroborated the allegations made in the FIR, indicating that the offence was committed against her. The learned counsel for the petitioner argued for bail, while counsel for the second opposite party and the State opposed it. Justice Purnendu Singh examined the seriousness of the charges and the victim’s support for the complaint. Concluding that the circumstances did not warrant the grant of pre‑arrest bail, the court dismissed the bail application.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving offences under the BNS Act and the POCSO Act when the victim‑minor supports the FIR
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 3(5), 96
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- pre‑arrest bail
- POCSO Act
- child sexual abuse
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65594 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- Balwahat District- Saharsa
======================================================
Pramod Kumar @ Pramod Sharma S/O Hareram Sharma R/o Village-
Paharpur Ward No.- 09, Navtoliya, P.S.-Balbahat, District- Saharsa (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hira Sharma S/O Nilanand Sharma R/o Village- Paharpur Ward No.- 09,
Navtoliya, P.S.-Balbahat, District- Saharsa (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Advocate
For OP No.2 : Mr.Vivekanand Singh, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 21-01-2026 Heard Mr. Madhav Jha, learned counsel appearing on
behalf of the petitioner; Mr. Vivekanand Singh, learned counsel
for OP No.2 and Mr. Umanath Mishra, learned APP for the
State.
2. Petitioner seeks pre-arrest bail in connection with
Balwahat P.S.Case No.23 of 2025, registered for the offences
punishable under Sections 137(2), 96 and 3(5) of BNS and
Sections 04 and 06 of POCSO Act.
3. Considering the fact that the victim girl has
supported the allegation made in the FIR that the wrong has
been committed with her by the petitioner, I am not inclined to
enlarge the petitioner on pre-arrest bail.
Patna High Court CR. MISC. No.65594 of 2025(3) dt.21-01-2026
2/2
4. The present bail application is accordingly
dismissed.
(Purnendu Singh, J)
chn/-
U T
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