Patna High Court
Umesh SamariversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted in the present case.
Summary
Umesh Samari was arrested on 18 October 2025 in connection with a case alleging that he inserted his finger into the private parts of a six‑year‑old girl. The petitioner sought bail, claiming a clean record and that the allegations were fabricated. The State and the informant opposed bail, presenting a medical report and the victim’s statement under Section 183 of the B.N.S.S. that corroborated the charge. The court examined the seriousness of the alleged offence under Sections 64(1) and 62 of the B.N.S., 2023 and Sections 4 and 6 of the POCSO Act, and the supporting medical evidence. Finding the allegations credible and the offence grave, the court refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a case of alleged sexual assault of a minor under the POCSO Act and the B.N.S., considering medical evidence and the victim's statement.
Legislation cited
- B.N.S., 2023 — s. 62, 64(1)
- B.N.S.S. — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- child sexual abuse
- POCSO Act
- medical evidence
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10296 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Umesh Samari S/o Late Ramayan Sah R/o Village- Neya Tola Chanpatiya,
Ward No 2, PS- Chanpatiya, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y Resident of Village- Neya Tola, Chanpatiya, ward no. 2, PS-
Chanpatiya, Distt.- West Champaran, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Informant : Mr. Kumar Prabhakar, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 06-05-2026 Heard Mr. Mayank Mohan, learned counsel for the
petitioner, Mr. Kumar Prabhakar, learned counsel for the
Informant and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.10.2025, in connection with Chanpatiya P.S. Case No. 227 of
2025, F.I.R. dated 18.10.2025 registered for the offences
punishable under Sections 64(1), 62 of the B.N.S., 2023 and
Sections 4/6 of the POCSO Act.
3. Allegation against the petitioner is that he has
inserted his finger in the private part of the victim who is only six
years of old.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
Patna High Court CR. MISC. No.10296 of 2026(5) dt.06-05-2026
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in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R.
5. Learned counsel for the Informant as well as learned
APP for the State, on the other hand, vehemently opposed the
prayer for bail of the petitioner and submits that as per allegation
in the F.I.R. the petitioner has inserted his finger in the private part
of the victim who is only six years of old and medical report also
confirms the allegation as alleged in the F.I.R. and apart from the
aforesaid, a number of witnesses have supported the case of the
prosecution and the victim in her statement recorded under
Section 183 of the B.N.S.S., she has fully supported the case of the
prosecution.
6. Considering the nature of allegation supported by
the medical evidence as well as statement of the victim recorded
under Section 183 of the B.N.S.S., I am not inclined to enlarge the
petitioner on bail in connection with Chanpatiya P.S. Case No.
227 of 2025 pending in the Court of learned Special Judge,
POCSO-cum-D.A.S.J. VI, Bettiah, West Champaran.
7. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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