Created by Fuzzy Cloud

Patna High Court

Punam DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.