Patna High Court
Praveen Mishra @ Praveen Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, granting the petitioners release on bail subject to statutory conditions.
Summary
Petitioners Praveen Mishra and Nand Kishore Mishra sought relief fearing arrest in Bhabua P.S. Case No. 1006 of 2024, wherein they were accused of molestation under Sections 126(2), 115(2), 75, 76, 351(2), 3(5) of the BNS and Sections 8 and 12 of the POCSO Act. They contended that the case arose from a private dispute and that they were falsely implicated, alleging mala‑fide prosecution. The State and the informant opposed the bail application. The Court, after reviewing the FIR and the material, concurred that the prosecution appeared to be motivated by the inter‑party dispute and was mala‑fide. Consequently, the Court allowed the petition, directing that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order was directed to be implemented by the Special Judge, POCSO‑cum‑District and Additional Sessions Judge‑VI, Kaimur.
Issues considered
- Whether the petitioners are entitled to bail in view of the alleged mala‑fide prosecution
- Whether the allegations under the BNS and POCSO Act constitute a ground to deny bail
Legislation cited
- BNS — s. 115(2), 126(2), 3(5), 351(2), 75, 76
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- mala fide prosecution
- POCSO
- Criminal Procedure Code
- Section 438
- Section 482
- false accusation
- sexual offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81350 of 2025
Arising Out of PS. Case No.-1006 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
1. Praveen Mishra @ Praveen Kumar Mishra S/o- Madan Mohan Mishra
Village- Madhupur PS- Bhabua District- Kaimur Bhabua
2. Nand Kishore Mishra S/o- Madan Mohan Mishra Village- Madhupur PS-
Bhabua District- Kaimur Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. ABC D/o- XYZ Village- Madhupur PS- Bhabua District- Kaimur Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pathak
For the Opposite Party/s : Mr.Bhanu Pratap Singh
For the Informant : Mr. Dharmendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Bhabhua P.S. Case No. 1006 of 2024 registered
for the offence under Sections 126(2), 115(2), 75, 76, 351(2),
3(5) of the BNS and under Section 8/12 of the POCSO Act.
3. As per the prosecution case, the allegation
against the petitioners is of molesting the victim girl.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that
there is case and counter case between the parties and therefore
Patna High Court CR. MISC. No.81350 of 2025(3) dt.13-03-2026
2/2
this false case has been lodged against the petitioners.
5. Learned counsel for the informant and State have
opposed the application of the petitioners.
6. From the reading of the FIR and the materials
available on record, it appears that because of dispute between
the parties, the petitioners have been implicated in this case and
it appears to be a mala fide prosecution.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released 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 Special
Judge, POCSO-cum-District and Additional Sessions Judge-VI,
Kaimur, Bhabhua/concerned Court below in connection with
Bhabhua P.S. Case No. 1006 of 2024, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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