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Patna High Court

Umesh SamariversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                                         2/2




                       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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