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Patna High Court

Pankaj Kumar @ Pankaj Kumar PatelversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the allegations were serious and the victim’s statement under Section 180 of the BNSS was deemed reliable.

Summary

The petitioner, Pankaj Kumar Patel, sought anticipatory bail after being implicated in a FIR alleging that he and co‑accused used obscene language and attempted to lure a minor girl into a forest. The FIR was lodged twelve days after the alleged incident, and the petitioner argued that the delay rendered the complaint unreliable and that the allegations were vague and unsupported. The State opposed the bail, relying on the victim’s statement recorded under Section 180 of the Bharatiya Nyaya Sanhita. The Court examined whether the nature of the accusation and the recorded statement justified granting anticipatory bail under the BNSS and the Protection of Children from Sexual Offences Act. Finding the allegations serious and the victim’s statement credible, the Court refused anticipatory bail. The bail application was therefore dismissed.

Issues considered

  • Whether anticipatory bail can be granted when the FIR alleges offences under Sections 75(2), 78, 79, 351(1), 127(1), 115(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the Protection of Children from Sexual Offences Act.
  • Whether the twelve‑day delay in lodging the FIR defeats the prosecution’s case and warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • POCSO
  • delay in FIR
  • sexual offences
  • victim statement
  • Section 180

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89699 of 2025
                  Arising Out of PS. Case No.-34 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Pankaj Kumar @ Pankaj Kumar Patel S/o Raj Patel @ Raj Kumar Prasad @
                 Raju Patel Resident of vill- Dhobani, ward no. 1, P.S- Mainatand, Distt.- West
                 Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/o Y R/o village - Dhobani, ward no. 1, P.S.- Mainatand, Distt.- West
                 Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajdeep Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and leaned

                   APP for the State.

                                  2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 75(2), 78, 79, 351(1),

                   127(1), 115(2), 3(5) of the Bharatiya Nyaya Sanhita and

                   Sections 8 and 12 of the Protection of Children from Sexual

                   Offences Act.

                                  3. Allegation in the F.I.R. is that petitioner along

                   with co-accused persons abused the informant in filthy language

                   and tried to take her to forest but she somehow managed to

                   escape.

                                  4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.89699 of 2025(2) dt.15-01-2026
                                                        2/2




                      the F.I.R. was lodged after an inordinate and unexplained delay

                      of 12 days as the occurrence is said to have taken place on

                      13.07.2025, whereas the present F.I.R. was lodged on

                      22.07.2025 after due thought and deliberation. Allegation

                      against petitioner is general and omnibus and there is no specific

                      accusation of any overt act against him. Petitioner claims clean

                      antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                      the bail application of the petitioner and submitted that the

                      victim in her statement recorded under Section 180 of the BNSS

                      supported the prosecution case.

                                     6. Considering the nature of accusation and

                      statement recorded under Section 180 of the BNSS, prayer for

                      anticipatory bail of the petitioner is refused.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T


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