Patna High Court
Ballo Kumar @ Balram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and sureties, under Section 482(2) of the BNS.
Summary
The petitioner, Ballo Kumar, sought bail after being implicated in a case involving alleged offences under the Bharatiya Nagarik Suraksha Sanhita (BNS) and the POCSO Act, based on a complaint by Jaijai Ram Kumar that his minor daughter was misbehaved with by the petitioner and co‑accused. The petitioner contended that he was falsely implicated due to a personal dispute involving a love affair between the informant’s elder daughter and the petitioner’s relative, and asserted his clean antecedent. The State and the informant opposed the bail. The court considered the petitioner’s clean record, the nature of the allegations, and the statutory provisions governing bail. Relying on Section 482(2) of the BNS, the court ordered that bail be granted upon surrender within eight weeks, subject to a bond of Rs.10,000 with two sureties. The bail order was conditioned on compliance with the requirements of the Special Judge POCSO Act, Khagaria.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita and the POCSO Act despite the serious nature of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 352, 482(2), 74, 75, 78
- Protection of Children from Sexual Offences (POCSO) Act — s. 7, 8
Subjects
- bail
- POCSO Act
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- clean antecedent
- minor protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71476 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Ballo Kumar @ Balram Kumar S/o Gopal Singh R/o vill - Auta, ward no. 14,
Post - Garhmohani, Gochhari, Gopalpur, P.s- Gogri, Distt.- Khagaria, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jaijai Ram Kumar S/o Late Ramdhan Pd. Mandal R/o vill - Gauchari, ward
no. 4, P.S.- Maheshkhunt, Distt.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmatma Singh, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
For OP 2 : Mr. Barun Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 13-01-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under 126 ( 2 ), 115 ( 2 ),
74, 75 , 78 , 352 and 3 (5) of BNS and 7 and 8 of POCSO Act.
3 . The prosecution case , in brief, is that informant
namely , Jaijai Ram Kumar alleged that his minor daughter
went to school, in the meantime accused persons including
this petitioner misbehaved with her and when she raised alarm
they fled away . When informant went to ask about the
Patna High Court CR. MISC. No.71476 of 2025(5) dt.13-01-2026
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aforesaid incident, then accused persons assaulted him
brutally .
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as
alleged. As a matter of fact, there was love affair between
inflormant’s elder daughter and co-accused Kundan Kumar,
who is the cousinn brother of the petitioner. The informant’s
daughter frequently used to visit the house of co-accused
Kundan Kumar which was not liked by informant and his
family members and taking advantage of the same , this
petitioner has falsely been implicated in this case . Petitioner
claims clean antecedent.
5 . Learned counsel for the State and opposite party
No. 2 opposed the bail petition .
6 Considering the aforesaid facts, clean antecedent
of the petitioner and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) with two
sureties of the like amount each to the satisfaction of the
learned ADJ Vith-Cum- Special Judge POCSO Act, Khagaria
in connection with (Khagaria) Gogri P.S. Case No. 107 of
Patna High Court CR. MISC. No.71476 of 2025(5) dt.13-01-2026
3/3
2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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