Prem Murti Ojha @ Bhola Ojha v. The State of Bihar
Case brief
What is this about?
Patna High Court, Sandeep Kumar, J., CR. MISC. No. 4306 of 2026 (decided 12-02-2026): second anticipatory bail application of Prem Murti Ojha @ Bhola Ojha dismissed in POCSO Case No. 38/2024 (Brahmpur P.S. Case No. 454 of 2023) under Sections 363/366(A) IPC and Section 8 POCSO Act; Court observed second anticipatory bail application not maintainable but decided on merits; victim's Section 164 Cr.P.C. statement referring to petitioner's health condition and alleging molestation formed the basis for refusal; petitioner directed to surrender within two weeks and seek regular bail, failing which SP, Buxar to arrest; order to be conveyed to SP, Buxar by FAX/e-mail. Argued by P.N. Shahi, Sr. Advocate with Vijay Anand for petitioner; Rajiv Nayan, APP for State.
What did the court decide?
On merits, the Court found that the health condition of the petitioner has been referred to in the statement of the victim recorded under Section 164 Cr.P.C., wherein she alleged that the petitioner molested her whenever he got an opportunity; on this consideration the anticipatory bail application was dismissed.