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Patna High Court

PAPPU YADAV @ PAPPU KUMARversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Pappu Yadav, was accused of molesting and attempting to rape an 11‑year‑old girl, alleged under several sections of the Bihar Penal Code (BNS) and the POCSO Act. He filed an anticipatory bail application, claiming he was falsely implicated due to a monetary dispute and political rivalry, and argued that the alleged incident could not have occurred at the stated time. The prosecution relied on the FIR, statements of the victim, and testimonies of two witnesses who supported the charge. The court examined the credibility of the victim’s statement, the presence of corroborative witnesses, and the seriousness of the offences involving a minor. Considering the gravity of the allegations and the supporting evidence, the court found no sufficient ground to grant bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the allegations of molestation and attempted rape of a minor under the BNS and POCSO statutes.

Legislation cited

  • BNS — s. 115(2), 126(2), 3(5), 351(2), 352(2), 76
  • POCSO Act — s. 4, 8

Subjects

  • anticipatory bail
  • sexual assault
  • minor victim
  • POCSO Act
  • false allegations
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87551 of 2025
                     Arising Out of PS. Case No.-164 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 PAPPU YADAV @ PAPPU KUMAR Son of Premlal Yadav Resident of
                 Village - Dighiya, Ward No.- 11, P.S.- Kishanpur, District - Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    XXX Son of YYY Resident of village - Dighiya, P.S.- Kishanpur, District -
                 Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nafisu Zzoha, Adv.
                 For the Opposite Party/s :       Mr.Anish Chandra, APP
                                                  Mr. Ranjay Kumar Singh, Adv.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kishanpur P.S. Case No.164 of 2025 (POCSO Case No.99

                   of 2025) registered for the offence under Sections 126(2),

                   115(2), 76, 352(2), 351(2), 3(5) of BNS and Sections 4, 8 of

                   POCSO Act.

                                3. As per prosecution case, on 11.08.2025 at about

                   11:00 PM in the night, the informant's daughter aged about 11

                   years was sleeping at his home and the informant and his family

                   members were busy in the Shradh rituals. In the meantime,

                   Pappu Yadav entered in the house of the informant and
Patna High Court CR. MISC. No.87551 of 2025(3) dt.24-02-2026
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          threatened and molested the informant's daughter and tried to

          commit rape with her. When after the feast, the informant and

          his family members returned home, the girl while crying,

          narrated the entire incident to them. By then Pappu had fled

          from the incident place. Thereafter, While discussing this

          misdeed at the social level the culprit, was asked to receive

          severe punishment. Then, Mr. Dinesh Yadav, using abusive and

          derogatory language, boycotted the discussion and tried to

          protect the accused. The informant took his got treated his

          daughter at the local C.H.C, Kishanpur". Accordingly, the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and he has

          falsely been implicated in this case. Further submits that the

          informant and petitioner belongs to the same neighbourhood and

          a monetary transaction took place in between them. It is next

          submitted that the case is fully concocted because of the

          occurrence as alleged has taken place at 11 P.M. when all family

          members        had    gone      to      attend   Shradh   rituals   in   the

          neighbourhood, while the Shradh rituals started to taken place in

          the evening hours at about 6-9 P.M.

                       Learned counsel for the petitioner also submits that

          the occurrence as alleged has never been taken place, if it is so,
Patna High Court CR. MISC. No.87551 of 2025(3) dt.24-02-2026
                                            3/4




          there must be a sign of assault on external parts of the body of

          the victim, but it was not found and no claim of informant is

          there. It is also submitted that denial of the medical examination

          of the daughter creates doubt upon the entire prosecution.

          Further submits that the co-accused Dinesh Yadav is the cousin

          brother of the petitioner who used to participate in the

          Panchayat election and the present Mukhiya of the said

          panchayat is having inimical terms with co-accused Dinesh

          Yadav due to which the present false and concocted case has

          been brought against the petitioner and his cousin.

                       Learned counsel for the petitioner next submits that

          the petitioner is a married man and his wife is a member of

          Jeevika and having three minor children and his daughter is also

          about the age of victim girl so he can't commit this type of

          occurrence and the I.O of the case examined only interested

          witnesses and family members of the informant while two

          independent witnesses are there who are also family members of

          the informant, which creates doubts upon the prosecution.

                       5. The learned APP as well as learned counsel for the

          informant opposes the anticipatory bail application.

                       6. From the reading of the FIR, it transpires that the

          petitioner is the main accused person of this case, who in the
          Patna High Court CR. MISC. No.87551 of 2025(3) dt.24-02-2026
                                                      4/4




                    absence of the parents of the minor girl entered her house and

                    molested the victim and is also alleged to have attempted to

                    commit rape with the minor victim. In paragraph-2 of the case

                    diary in his re-statement the informant has supported the facts

                    mentioned in the FIR. In paragraph 3 & 4 of the case diary the

                    witnesses Meera Devi and Kajal Devi have supported the

                    prosecution story. Statement of the victim also supports the

                    prosecution story and in her statement made before the learned

                    Magistrate under Section 183 of BNSS the victim has once

                    again supported the prosecution story. Admittedly, the victim

                    was/is minor on the date of the incident.

                                  7. Considering all these aspects of the matter, this

                    Court is not inclined to grant the anticipatory bail to the

                    petitioner.

                                  8. Accordingly, the anticipatory bail application is

                    rejected.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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