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Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

Shubham Kumar, a resident of Bhojpur, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. The allegations involve assault on a minor and inappropriate touching. The petitioner’s counsel, Mr. Kedar Yadav, argued for bail, while the State’s counsel, Mr. Umeshanand Pandit, opposed it. The Court, noting the seriousness of the charges involving a child victim, was not persuaded to grant bail. Consequently, the anticipatory bail application was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the serious allegations of assault and sexual offences against a minor.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • child protection
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • POCSO Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89973 of 2025
                      Arising Out of PS. Case No.-470 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Shubham Kumar Son of Upendra Singh Resident of village - Amai Bichali
                 Patti (Amai Bichali Patti), P.O.- Hasan Bazar, P.S.- Piro, District - Bhojpur.


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    xxxxxxx Daughter of Promod Kumar Mohalla - Sahdara, Main Road Pani
                 Tanki, P.S.- Malsalami, District - Patna.


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Kedar Yadav, Advocate
                 For the State           :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends arrest in connection

                   with Malsalami P.S. Case No. 470 of 2025 instituted under

                   Sections 126(2), 115(2), 352 and 3(5) of the Bharatiya Nyaya

                   Sanhita and Sections 8 and 12 of the POCSO Act.

                                 3. The petitioner is said to have assaulted the minor

                   victim and touched her body.

                                 4. Considering the serious allegations levelled

                   against the petitioner, this Court is not inclined to grant
           Patna High Court CR. MISC. No.89973 of 2025(2) dt.04-02-2026
                                                       2/2




                     anticipatory bail to the petitioner.

                                  5. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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