Vijay Murmu Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Vijay Murmu Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be enlarged on bail in connection with Barahat P.S. Case no.325 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Banka.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Barahat P.S. Case no.325 of 2025 (registered under sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act), considering the allegations in the FIR, the contents of the victim's statement under section 183 of the B.N.S.S, his custody since 12.1.2026 and absence of criminal antecedents.

Ratio / Principle

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the contents of the statement of the daughter of the informant recorded under section 183 of the B.N.S.S (which did not support the prosecution case), the petitioner having remained in custody since 12.1.2026 and not having any criminal antecedent, the petitioner was directed to be enlarged on bail in connection with Barahat P.S. Case no.325 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Banka.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Barahat P.S. Case No.325 of 2025 (District Banka) registered under sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act — informant's 16-year-old daughter had disappeared and the petitioner was alleged to have had a hand in it — on return, the daughter in her statement under section 183 of the B.N.S.S did not support the prosecution case — petitioner in custody since 12.1.2026 with no criminal antecedent — held, taking into consideration the FIR allegations, the section 183 B.N.S.S statement, custody and clean antecedents, petitioner directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Banka.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18716 of 2026

Arising Out of PS. Case No.-325 Year-2025 Thana- BARAHAT District- Banka

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Vijay Murmu S/O Betka Murmu R/O Village- Rotavaran, P.S- Bounsi, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar

X W/O Y R/O Village- Hijrar, P.S- Barahat, Distt.- Banka.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP Mr. Kumar Dharmendra Narayan, Advocate

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 07-05-2026

Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Barahat P.S. Case no.325 of 2025 registered under sections 96 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act.

As per the prosecution case, the informant states that her 16 year old daughter disappeared and was not to be found. It subsequently transpired that the petitioner and others had a hand in her disappearance.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under

Patna High Court CR. MISC. No.18716 of 2026(3) dt.07-05-2026 2/2

section 183 of the B.N.S.S wherein she has not supported the prosecution case. The petitioner is in custody since 12.1.2026 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P for the State, however it is submitted that the daughter of the informant has not supported the prosecution case in her statement under section 183 of the B.N.S.S.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the contents of the statement of the daughter of the informant recorded under section 183 of the B.N.S.S, the petitioner having remained in custody since 12.1.2026 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Barahat P.S. Case no.325 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Banka.

(Partha Sarthy, J)

Shiv/-

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