Monday, May 4, 2026

Supreme Court reverses Justice Prabhat Kumar Singh's order in a POCSO case, grants protection from arrest

In Nitish Singh @ Nitish Kumar Singh vs. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices Prashant Kumar Mishra and N.V. Anjaria passed a 2-page long order dated May 4, 2026, wherein, it issued notice and directed that in the meanwhile, "petitioner shall not be arrested in connection with FIR No. 141/2025 registered with Police Station-Isuapur, District-Saran, Patna subject to petitioner diligently co-operating with the investigation/ trial." The respondent no. 2 is Pooja Devi, wife of Ajay Dubey, Nawada, Isuapur, Saran. The petitioner's counsel submitted that the petitioner’s mother had lodged a complaint against the opposite party on June 12, 2025 and thereafter, as a counter blast, the present FIR was lodged on July 23, 2025 alleging sexual assault but, there is no allegation of penetrative sexual assault.

Earlier, Justice Prabhat Kumar Singh of Patna High Court had passed an order dated February 2, 2026, wherein, he concluded:"5 . Considering the nature of accusation , statement of the victim recorded under section 183 BNSS and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected."upon hearing the application of the petitioner who apprehended arrest in a case registered for the offence punishable under section Section 115 (2), 126 (2), 65 (2), 351 (2), 352, 3 (5) of BNS,  4/8, POCSO Act. As per F.I.R. petitioner was alleged to have misbehaved with the minor daughter of informant and had also touched her private parts. The victim in her statement recorded under Section 183 of BNSS supported the prosecution case.

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