Patna High Court
Sharwan Das @ Sharwan ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sharwan Das, was charged under several sections of the BNS and Sections 4 and 6 of the POCSO Act for allegedly sexually assaulting a minor and subsequently entering into a sham marriage with the victim before deserting her. He has been in custody since 17 January 2026 and sought bail. The prosecution opposed the bail, emphasizing the seriousness of the alleged offences involving a minor and the fraudulent marriage. The petitioner’s counsel claimed his innocence, but the court found the allegations credible and noted the gravity of the crime. Consequently, the court dismissed the bail application, stating that the petitioner could reapply if the trial is unduly delayed. The observations were limited to the bail application and would not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused charged with rape of a minor and related offences under the BNS and POCSO Act.
Legislation cited
Subjects
- bail
- rape
- minor
- POCSO
- sham marriage
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19909 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
Sharwan Das @ Sharwan Thakur S/O Chandra Bhushan Thakur R/O Village-
Parri, P.S- Biraul, Distt.- Darbhanga at Present Ram Janki Mandir, Pachadhi,
P.S- Laheriasarai, Distt.- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/O Y R/O Mohalla- Laxmi Nagar, Near Gas Godown, P.S- University,
Distt.- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Adv.
Mr.Girish Chandra Jha
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned senior counsel for the petitioner,
learned counsel for the informant and learned counsel for the
State.
2. The petitioner seeks bail in connection with Mahila
P.S. Case No. 182 of 2025 registered for the offence under
Sections 64, 351(2), 352, 89, 3(5) of the BNS and under
Sections 4, 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is said to
have sexually assaulted the victim when she was minor and
subsequently to save himself, he got married to the victim and
thereafter left the victim.
4. The petitioner is in custody since 17.01.2026.
Patna High Court CR. MISC. No.19909 of 2026(2) dt.01-04-2026
2/2
5. Learned senior counsel for the petitioner submits
that the petitioner is innocent and he has no role to play in the
alleged offence.
6. Learned counsel for the State and the informant
have vehemently opposed the prayer of the petitioner.
7. Considering the fact that petitioner has committed
rape with a minor victim and for taking relief he performed a
sham marriage and thereafter deserted her, this Court is not
inclined to grant bail to the petitioner.
8. Accordingly, this application is dismissed.
9. If the trial of the petitioner is delayed by the
prosecution then the petitioner may renew his prayer for bail.
10. It is also made clear that the observations made in
this case are limited for deciding the bail application only and
the lower Court will not be prejudiced by the same in the trial.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…