Patna High Court
Prabhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that regular bail should be granted to the petitioner subject to a bail bond and sureties.
Summary
Petitioner Prabhu Kumar was charged with offences under Sections 64, 351, 352, 3(5) of the BNS and Section 4 of the POCSO Act for allegedly assaulting a 17‑year‑old girl. The prosecution alleged that the petitioner lured the girl to a hut, gagged her and committed sexual assault. The petitioner pleaded innocence, claiming a consensual relationship and a clean antecedent, and sought regular bail. The court examined the allegations, the victim’s statement, and the petitioner’s background, and concluded that bail could be granted. Accordingly, the court ordered release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed the condition of cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the BNS and POCSO Act
- Whether the circumstances and the petitioner’s antecedents justify the grant of bail
Legislation cited
Subjects
- regular bail
- sexual assault
- POCSO Act
- minor victim
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73569 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- NAUGACHIA MAHILA P.S. District-
Bhagalpur
======================================================
Prabhu Kumar S/o Gurudev Singh R/o Village- Gola Tola Kadwa, P.S.-
Dholbazza, Dist.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Devi W/o Santosh Kumar Shudansu R/o Village- Gola Tola Kadwa,
P.S.- Kadwa, Dist.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 08-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Naugachia Mahila P.S. Case No. 39 of 2025, registered for
the offences punishable under Sections 64, 351, 352, 3(5) of the
BNS and Section 4 of the POCSO Act.
3. The prosecution case in brief is that on 10.06.2025 at
about 11:30 PM, in absence of the informant, her minor daughter
aged about 17 years alleged that the petitioner caught her while
she went to the bathroom, took her to a hut (jhopari) gagged her
mouth and forcibly committed sexual assault.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.73569 of 2025(3) dt.08-01-2026
2/2
this case. The victim called the petitioner, as transpires from her
statement recorded under Section 183 of the BNSS. There was
love and affection between the petitioner and the alleged victim.
The petitioner is a person of clean antecedent and has been in
custody since 12.06.2025.
5. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
Exclusive Special Court of POCSO-cum-District & Additional
Sessions Judge-VII, Bhagalpur in connection with Naugachia
Mahila P.S. Case No. 39 of 2025, subject to the following
conditions that the petitioner shall cooperate in the disposal of
trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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