Patna High Court
Parmod Kumar @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing his release on a bond of Rs.10,000 with two sureties.
Summary
Parmod Kumar, the petitioner, was arrested in connection with a rape case (PS Sindhugarh Case No.75 of 2025) where the victim, a 17‑year‑old girl, was allegedly assaulted by a co‑accused and the act was video‑recorded by another co‑accused and the petitioner. The petitioner, who is the victim's uncle, contends that he merely reported the video to the victim's parents and faces no direct allegation of sexual assault. He has been in custody since 28‑06‑2025 and argues that the investigation is complete, a charge‑sheet has been filed, and he has a clean antecedent. The prosecution opposed bail. The court noted the absence of any specific allegation against the petitioner, the completion of investigation, and the length of his custody, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC and BNSS.
Issues considered
- Whether bail should be granted to the petitioner given the allegations of involvement in a rape video but no direct charge of sexual assault against him.
- Whether the completion of investigation and filing of charge‑sheet precludes the risk of tampering with evidence.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 437(3), 480(3), 70(1)
- Code of Criminal Procedure — s. 437(3)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- sexual offences
- video evidence
- POCSO
- BNSS
- CrPC
- investigation completed
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70464 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- SINDHUGAR District- Gaya
======================================================
Parmod Kumar @ Pramod Kumar, S/o Karu Yadav, resident of Village and
P.S.- Sindhu Garh, Dist- Gaya
... ... Petitioner
Versus
1. The State of Bihar
2. XX D/o- YY resident of Village- Sindhugarh W.No.-17, P.S.- Sindhugarh,
Dist- Gaya
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Sindhugarh P.S. Case No.75 of 2025 registered for the
offences punishable under Sections 70(1) of the Bhartiya
Nyaya Sanhita, 2023 (for short ‘B.N.S.’), Section 67-B of the
I.T. Act as well as Section 4 of the Protection of Children from
Sexual Offences Act.
3. The accused/petitioner is named in the FIR and is
in custody since 28.06.2025.
4. As per FIR, co-accused Sajan Kumar committed
rape upon the informant/victim aged about 17 years, whch
Patna High Court CR. MISC. No.70464 of 2025(3) dt.05-02-2026
2/3
was video-graphed by one co-accused namely, Binod Kumar
and this petitioner. It is alleged that Binod Kumar also
demanded sex from informant as not to make viral the video
of the occurrence captured by them.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that it can be gathered safely from the
statement of victim as recorded under Section 183 of the
BNSS that there is no allegation of sexual assault available
against the petitioner, who is her uncle and as such when the
objectionable video of daughter of the informant came to him,
he only reported the matter to the informant, being parents.
While concluding argument, it is submitted that investigation
of this case is already completed, for which, charge-sheet has
been submitted and, as such, there is no chance of tampering
with the evidence and moreover petitioner is a man of clean
antecedent.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as the allegation of sexual assault is not
Patna High Court CR. MISC. No.70464 of 2025(3) dt.05-02-2026
3/3
available against the petitioner, coupled with the fact that
investigation of this case is already completed, where
petitioner remains in custody since 28.06.2025, accordingly,
the petitioner, above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge POCSO-cum-District and
Additional Session Judge-VII, Gaya Ji in connection with
Sindhugarh P.S. Case No.75 of 2025, subject to the
conditions as laid down under Section 437(3) of the Code of
Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of
the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…