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Patna High Court

Pratap Kumar @ Prahlad @ Prahlad KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the pre‑arrest bail application, directing mediation and deferring any bail decision to the district court after settlement.

Summary

The petitioner, Pratap Kumar, applied for pre‑arrest bail in a case where he is charged under several sections of the Bihar Negotiable Sale Act, 2023 and Section 8 of the POCSO Act, 2012 for allegedly catching the hand of the informant’s minor daughter and attempting to abduct her, leading to a scuffle and injuries to the informant’s family. The petitioner argued that the POCSO provisions were being misused, that there was no sexual intent, and that the allegations stemmed from a longstanding village dispute, citing his clean antecedents. The informant contended that the act demonstrated sexual intent, satisfying the elements of Section 7 of the POCSO Act, and opposed bail. The court examined the statutory language, noting that even touching a child’s hand with sexual intent could attract POCSO liability, but observed that such incidents often occur without sexual intent in rural settings. Consequently, the court directed that the matter be referred to mediation under the Mediation Act, 2023, and that no coercive action be taken pending settlement, after which the district court may grant bail. The application for pre‑arrest bail was therefore disposed of with directions for mediation.

Issues considered

  • Whether the alleged act of catching the minor's hand constitutes sexual assault under Section 7 of the POCSO Act, thereby justifying denial of pre‑arrest bail.
  • Whether the petitioner is entitled to pre‑arrest bail in a POCSO case where sexual intent is contested.

Legislation cited

Subjects

  • pre‑arrest bail
  • POCSO Act
  • sexual assault
  • mediation
  • false accusation
  • criminal procedure
  • child protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91404 of 2025
                      Arising Out of PS. Case No.-454 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Pratap Kumar @ Prahlad @ Prahlad Kumar son of Late Suresh Yadav R/o -
                 Karai, P.S - Naubatpur, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X son of Late Rambabu Rai R/o - Karai, P.S - Naubatpur, District - Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rabi Bhushan Prasad, Advocate.
                 For the Informant       :        Mr. Amarnath Kumar, Advocate.
                 For the State           :        Mr.Sunil Kumar Pandey, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   21-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioner; learned counsel for the informant and learned APP

                   for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Naubatpur P.S. Case No. 454 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(1), 109,

                   76, 352, 351(2) and 3(5) of BNS, 2023 and Section 8 of the

                   POCSO Act.

                                 3. As per the allegation made in the F.I.R., the

                   petitioner is said to have misbehaved with the minor daughter of

                   the informant by catching her hand and tried to abduct her, but

                   she fled away. Thereafter, the petitioner along with other

                   accused persons assaulted the informant and his family
Patna High Court CR. MISC. No.91404 of 2025(5) dt.21-04-2026
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          members causing them injury. Both the sons of the informant

          were badly injured in the occurrence.

                       4. Learned senior counsel appearing on behalf of the

          petitioner informs this Court that this is one case in which

          provision of Protection of Children from Sexual Offences Act,

          2012 (hereinafter referred to as “POCSO Act”) has been

          misused. Petitioner is the co-villager and there is case and

          counter case between the parties. The implication of the

          petitioner is on the basis of false accusation. The informant’s

          side aggravated the petitioner which resulted into free fight and

          for that the petitioner had lodged a case prior to the present case

          being Naubatpur P.S. Case No. 453 of 2025. Learned counsel on

          merits submitted that even considering the ingredients of

          Section 7 of the POCSO Act, no case is made out for attracting

          the penal provision that there must be intention to commit

          sexual assault. In the statement recorded under Section 183

          BNSS, the victim has merely stated that the petitioner had

          caught     hold     her     hand     and     considering   the   attending

          circumstances that the petitioner is the co-villager and enmity

          between the parties exists which may have led to lodging a false

          criminal case against the petitioner. Petitioner has clean

          antecedent. On these grounds, learned counsel submitted that
Patna High Court CR. MISC. No.91404 of 2025(5) dt.21-04-2026
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          the petitioner deserves to be released on pre-arrest bail.

                       5. Mr. Amarnath Kumar, learned counsel tendered his

          appearance on behalf of the informant and submitted that the

          petitioner with an intention to commit sexual assault had caught

          hand of the minor daughter of the informant. The element of

          sexual assault as defined under Section 7 of the POCSO Act is

          made out calling punishment under Section 8 of the POCSO

          Act. Learned counsel further submitted that present is not a case

          in which there is every likelihood that the petitioner will be

          acquitted in course of trial.

                       6. Mr. Sunil Kumar Pandey, learned APP submitted

          that the victim has supported the prosecution case in her

          statement recorded under Section 183 BNSS, hence, the

          petitioner don’t deserve to be released on pre-arrest bail.

                       7. Heard the parties.

                       8. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R., for better appreciation of the case, the provisions of

          Sections 7 and 8 of the POCSO Act are reproduced hereinafter:

                                      “7. Sexual assault.—Whoever, with sexual
                          intent touches the vagina, penis, anus or breast of the child
                          or makes the child touch the vagina, penis, anus or breast
                          of such person or any other person, or does any other act
                          with sexual intent which involves physical contact without
                          penetration is said to commit sexual assault.
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                                      8. Punishment for sexual assault.— Whoever,
                          commits sexual assault, shall be punished with
                          imprisonment of either description for a term which shall
                          not be less than three years but which may extend to five
                          years, and shall also be liable to fine.”

                       9. Section 9 of the POCSO Act defines aggravated

          sexual assault, which is reproduced hereinafter:

                       9. Aggravated sexual assault.—

                          (a)Whoever, being a police officer, commits sexual assault
                          on a child—
                          (i)within the limits of the police station or premises where
                          he is appointed; or
                          (ii)in the premises of any station house whether or not
                          situated in the police station to which he is appointed; or
                          (iii)in the course of his duties or otherwise; or
                          (iv)where he is known as, or identified as a police officer;
                          or
                          (b)whoever, being a member of the armed forces or
                          security forces, commits sexual assault on a child—
                          (i)within the limits of the area to which the person is
                          deployed; or
                          (ii)in any areas under the command of the security or
                          armed forces; or
                          (iii)in the course of his duties or otherwise; or
                          (iv)where he is known or identified as a member of the
                          security or armed forces; or
                          (c)whoever being a public servant commits sexual assault
                          on a child; or
                          (d)whoever being on the management or on the staff of a
                          jail, or remand home or protection home or observation
                          home, or other place of custody or care and protection
                          established by or under any law for the time being in force
                          commits sexual assault on a child being inmate of such jail
                          or remand home or protection home or observation home or
                          other place of custody or care and protection; or
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                          (e)whoever being on the management or staff of a hospital,
                          whether Government or private, commits sexual assault on
                          a child in that hospital; or
                          (f)whoever being on the management or staff of an
                          educational institution or religious institution, commits
                          sexual assault on a child in that institution; or
                          (g)whoever commits gang sexual assault on a child.
                          Explanation.— when a child is subjected to sexual assault
                          by one or more persons of a group in furtherance of their
                          common intention, each of such persons shall be deemed to
                          have committed gang sexual assault within the meaning of
                          this clause and each of such person shall be liable for that
                          act in the same manner as if it were done by him alone; or
                          (h)whoever commits sexual assault on a child using deadly
                          weapons, fire, heated substance or corrosive substance; or
                          (i)whoever commits sexual assault causing grievous hurt or
                          causing bodily harm and injury or injury to the sexual
                          organs of the child; or
                          (j)whoever commits sexual assault on a child, which—
                          (i)physically incapacitates the child or causes the child to
                          become mentally ill as defined under clause (l) of section 2
                          of the Mental Health Act, 1987 (14 of 1987) or causes
                          impairment of any kind so as to render the child unable to
                          perform regular tasks, temporarily or permanently; or
                          (ii)inflicts the child with Human Immunodeficiency Virus or
                          any other life threatening disease or infection which may
                          either temporarily or permanently impair the child by
                          rendering him physically incapacitated, or mentally ill to
                          perform regular tasks; or
                          (k)whoever, taking advantage of a child‟s mental or
                          physical disability, commits sexual assault on the child; or
                          (l)whoever commits sexual assault on the child more than
                          once or repeatedly; or
                          (m)whoever commits sexual assault on a child below twelve
                          years; or
                          (n)whoever, being a relative of the child through blood or
                          adoption or marriage or guardianship or in foster care, or
                          having domestic relationship with a parent of the child, or
                          who is living in the same or shared household with the
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                          child, commits sexual assault on such child; or
                          (o)whoever, being in the ownership or management or staff,
                          of any institution providing services to the child, commits
                          sexual assault on the child in such institution; or
                          (p)whoever, being in a position of trust or authority of a
                          child, commits sexual assault on the child in an institution
                          or home of the child or anywhere else; or
                          (q)whoever commits sexual assault on a child knowing the
                          child is pregnant; or
                          (r)whoever commits sexual assault on a child and attempts
                          to murder the child; or
                          (s)whoever commits sexual assault on a child in the course
                          of communal or sectarian violence; or
                          (t)whoever commits sexual assault on a child and who has
                          been previously convicted of having committed any offence
                          under this Act or any sexual offence punishable under any
                          other law for the time being in force; or
                          (u)whoever commits sexual assault on a child and makes
                          the child to strip or parade naked in public, is said to
                          commit aggravated sexual assault.

                       10. From the statement of the victim recorded under

          Section 183 of the BNSS, it appears that the petitioner had

          caught hold of the hand of the informant’s minor daughter,

          without touching any other or vital part of her body, as she

          managed to free herself, which led to a scuffle. Similar act was

          again repeated while the victim was returning from school.

                       11. Upon a careful perusal of the aforesaid provisions,

          it is manifest that even a mere touching of the hand, when

          accompanied by the requisite sexual intent, would be sufficient

          to attract the rigours of Sections 8 and 9 of the POCSO Act.
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                       12. However, I find that such incidence happens in

          villages without any intention to commit sexual assault. The

          parties may proceed to settle their dispute amicably by way of

          community mediation. In case, the parties fail to do so, then in

          that case, the parties may settle their dispute by way of

          mediation in accordance with Mediation Act, 2023 by

          approaching the learned District Court.

                       13. In case the petitioner approaches the learned

          District Court, then in that case, the learned District Court is

          directed to take necessary steps to refer the matter before the

          learned Mediator of the District Mediation Center by fixing a

          date for appearance of the parties to give effect to “Mediation

          for the Nation 2.0”.

                       14. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          best efforts to settle the dispute amicably and thereafter submit

          his/her report before the concerned learned District Court, well

          within a period of three months, till then, no coercive action

          shall be taken against the petitioner in connection with the

          aforesaid case.

                       15. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, the petitioner is directed to be
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                     released on pre-arrest bail on such terms and conditions as the

                     learned District Court deems it fit and proper.

                                  16.    With aforesaid direction and observation, the

                     present application stands disposed of.

                                  17. Let a copy of this order be communicated to the

                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre for the purpose of record.




                                                           (Purnendu Singh, J)

mantreshwar/-

U      T


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