Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioners.
Summary
The petitioners, Punam Devi and Chunchun Prasad, were arrested in a POCSO case alleging child sexual abuse and related offences under the Bharatiya Nyaya Sanhita, Immoral Traffic (Prevention) Act, POCSO Act and Bihar Prohibition and Excise Act. They contended that they were falsely implicated, had no prior criminal record, and were arrested without lawful basis. The prosecution relied on the victim's statement recorded under Section 183 of the BNSS, supporting the charges. The High Court, considering the seriousness of the offences, the victim's corroboration, and the nature of the allegations, refused to grant bail. The court directed the trial court to expedite the trial and allowed the petitioners to renew their bail application if the trial is not concluded within six months.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving offences under the BNSS, ITPA, POCSO Act and Bihar Prohibition and Excise Act despite the petitioners' claim of false implication and lack of antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 183
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- POCSO
- child sexual abuse
- immoral traffic
- Bharatiya Nyaya Sanhita
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74127 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- MAHILA THANA District- Begusarai
======================================================
Punam Devi W/O Anil Paswan R/O Village- Naula, P.S.- Bhagwanpur,
District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shilpi Kumari D/O Venkatesh Kumar Singh R/O Mahe, P.S- Singhiya, Dist-
Samastipur. At present S.H.O., Mahila P.S., Begusarai.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 72116 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- MAHILA THANA District- Begusarai
======================================================
Chunchun Prasad S/o Late Nawal Kishore Singh @ Nawal Kishore R/o
Village- Maranchi, Ward No. 08, P.S.- Maranchi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74127 of 2025)
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
(In CRIMINAL MISCELLANEOUS No. 72116 of 2025)
For the Petitioner/s : Mr. Parmod Kumar, Advocate
For the Opposite Party/s : Ms. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard Mr. Prem Kumar, learned counsel for the petitioner
in Cr. Misc. No. 74127 of 2025 and Mr. Parmod Kumar, learned
counsel for the petitioner in Cr. Misc. No. 72116 and Ms. Renu
Kumari, learned APP for the State in Cr. Misc. No. 74127 of
2025 and Ms. Dr. Indiwar Kumari, learned APP for the State in
Patna High Court CR. MISC. No.74127 of 2025(4) dt.13-01-2026
2/4
Cr. Misc. No. 72116 of 2025.
2. The petitioners seek bail in connection with
POCSO Case No. 72 of 2025, arising out of Mahila PS Case
No. 15 of 2025 instituted for the offence under Section 111 of
the Bharatiya Nyaya Sanhita, 2023, Sections 3, 4, 5 & 6 of the
Immoral Traffic (Prevention) Act and Section 8 of the POCSO
Act and Section 30(c) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that on
18.04.2025, on receiving secret information, police raided a
house where a man, a woman, and a minor girl were found in
suspicious circumstances. The minor stated that she was lured to
the house by a lady and was subjected to an attempt of
inappropriate physical contact by an unknown man. During the
search, liquor bottles, mobile phones, condoms, cigarettes, and
other articles were recovered.
4. It has been submitted on behalf of the petitioners
that the petitioners are in custody since 19.04.2025. Petitioners
bear no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case due to ill motive of the informant and personal
Patna High Court CR. MISC. No.74127 of 2025(4) dt.13-01-2026
3/4
animosity. The allegations levelled against them are wholly
false, concocted, and unsupported by any credible material.
Petitioner, namely, Chunchun Prasad is a truck owner, and the
husband of petitioner, namely, Poonam Devi (Anil Paswan) was
working as a Khalasi on his truck; owing to his absence, the
petitioner had merely visited his house, during which the police
allegedly arrived and arrested both petitioners without any
lawful basis.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners. Referring
to the statement of the victim recorded under Section 183 of the
BNSS, 2023, it is submitted that victim has fully supported the
prosecution case.
7. Considering the aforesaid facts and circumstances
of the case and nature and gravity of the offence as also the fact
that victim has supported the prosecution case in her statement
recorded under Section 183 of the BNSS, 2023, this Court, at
this stage, is not inclined to grant bail to the petitioners. Prayer
for grant of bail to the petitioners is hereby rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
Patna High Court CR. MISC. No.74127 of 2025(4) dt.13-01-2026
4/4
9. However, petitioners will be at liberty to renew
their prayer for bail if the trial is not concluded within a period
of six months from the date of receipt/production of a copy of
this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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