Patna High Court
Arvind Kumar Singh @ Arbind Kumar Singh @ Arbind Kumar@Arbind SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted at this stage in the POCSO case.
Summary
Arvind Kumar Singh was charged under Section 4 of the POCSO Act for allegedly having a physical relationship with a minor girl. He applied for regular bail, claiming a false implication arising from a family dispute and asserting a clean antecedent. The prosecution, represented by the Additional Public Prosecutor, opposed bail, citing the victim’s statement recorded under Section 183 of the Criminal Procedure Code that supports the prosecution. The Patna High Court, considering the seriousness of the offence, declined to grant bail at this stage. The bail application was dismissed, with the court allowing the petitioner to re‑apply after the victim’s testimony is recorded in trial.
Issues considered
- Whether bail should be granted to an accused under Section 4 of the POCSO Act pending trial
- Whether the victim’s statement under Section 183 CrPC warrants denial of bail
Legislation cited
Subjects
- bail
- POCSO Act
- child sexual abuse
- Criminal Procedure Code
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78161 of 2025
Arising Out of PS. Case No.-444 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Arvind Kumar Singh @ Arbind Kumar Singh @ Arbind Kumar@Arbind
Singh S/O Dinanath Singh Resident of Vill.- Fakuli, P.S- Muffasil,Dist-
Chapra at Saran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Aniket Singh Son of Late Ravi Shankar Singh Resident Of Village- Bangara,
Ps- Daudpur, Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Prakash, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 444/2025 registered for the offences
punishable under Section 4 of POCSO Act.
3. As per the prosecution case, petitioner is accused of
establishing physical relationship with a minor girl.
4. Learned counsel for the petitioner submits that due
to a dispute with the brother of the petitioner, the petitioner has
falsely been implicated in the case. Learned counsel further
submits that he has clean antecedent and he is in custody since
07.08.2025. The petitioner undertakes to co-operate in the case/
Patna High Court CR. MISC. No.78161 of 2025(5) dt.02-04-2026
2/2
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the victim in
her statement recorded under Section 183 B.N.S.S. has
supported the prosecution.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner at this stage.
7. Accordingly, this application stands dismissed with
liberty to the petitioner to renew his prayer for bail after
deposition of the victim is recorded in the trial.
(Sandeep Kumar, J)
tusharika/-
U T
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