Patna High Court
Tanik SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail cannot be granted in view of the grave nature of the offence involving a child victim.
Summary
The petitioner, Tanik Sharma, was arrested in connection with a case registered under Sections 76 and 78 of the Bihar Narcotic Substances Act and Section 8 of the POCSO Act, alleging the rape of a 12‑year‑old girl. He applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the alleged offence. The Court examined the gravity of the charge involving a minor and the potential risk to the victim and public interest. Considering the seriousness of the alleged rape and the statutory provisions, the Court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused charged with rape of a minor under Sections 76 and 78 of the B.N.S. and Section 8 of the POCSO Act
Legislation cited
Subjects
- bail
- rape
- child sexual abuse
- POCSO Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21876 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- KORMA District- Sheikhpura
======================================================
Tanik Sharma Son of Late Bishundeo Thakur @ Bishundeo Sharma Resident
Of Village - Gadabdiya Ps- Korma Dist -Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of YYY Resident Of Village - Gadabdiya Ps- Korma Dist
-Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rizwanul Haque, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Korma
P.S. Case No. 12/2026 registered for the offences punishable
under Sections 76 and 78 of B.N.S. and Section 08 of POCSO
Act.
3. As per the prosecution case, petitioner is accused of
committing rape with a 12-year-old child.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 22.02.2026. The petitioner undertakes to
Patna High Court CR. MISC. No.21876 of 2026(2) dt.07-04-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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