Patna High Court
Ganesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner, being implicated only by a general allegation as the father of the accused, is entitled to bail upon furnishing the required bond and sureties.
Summary
The petitioner, Ganesh Das, was named in an FIR for alleged involvement in offences under several sections of the BNS and the POCSO Act, stemming from an alleged sexual assault by his son on a six‑year‑old girl and subsequent alleged assault on the informant and his wife leading to a miscarriage. The petitioner contended that the sexual assault charge pertained only to his son and that there was no medical evidence of the miscarriage, asserting his clean antecedents. The State opposed bail, arguing the petitioner was implicated as the father of the main accused. The court examined the prima facie nature of the allegations against the petitioner and the applicability of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. Concluding that the allegations against the petitioner were general and not specific, the court ordered his release on bail upon furnishing a bond and sureties, subject to the stipulated conditions. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner, merely as the father of the alleged primary offender, is liable to be detained or can be released on bail.
- Whether the absence of medical evidence of miscarriage influences the grant of bail.
- Whether Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS empower the court to grant bail in such circumstances.
Legislation cited
- BNS — s. 115(2), 118(1), 126(2), 3(5), 76, 89
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- POCSO Act — s. 8
Subjects
- bail
- POCSO
- sexual assault
- miscarriage
- father liability
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27393 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- SAKRA District- Muzaffarpur
======================================================
Ganesh Das Son of Jhingur Das Resident of Village- Mahmadpur kantha,
P.S.- Sakra, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y Resident of Village- Mahammadpur Kanthas, P.S.- Sakara,
District- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sakara P.S. Case No.
27 of 2026 registered for the offences punishable under Sections
126(2), 115(2), 118(1), 89, 76 and 3(5) of the BNS and Section
8 of the POCSO Act.
3. As per FIR, son of petitioner made an attempt to
commit sexual assault upon six year old daughter of informant
and when the occurrence was reported to this petitioner, it is
alleged that petitioner along with his family members abused and
assault the informant and his wife due to which her five months
pregnancy was terminated.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.27393 of 2026(2) dt.29-04-2026
2/3
behalf of the petitioner that allegation of sexual assault is not
available against this petitioner rather available against his son
namely Ankit Kumar and only being father of main co-accused he
was implicated with the present crime in question. It is submitted
that no medical evidence was brought on record which may
suggest allegation of miscarriage. While concluding arguments, it
is submitted that above named petitioner is a man of clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation of sexual assault is not available
against this petitioner, rather petitioner prima-facie appears
implicated being father of main co-accused namely Ankit Kumar
with a very general and omnibus allegation as to abuse and
assault the informant and his wife when they reported the
occurrence to his family, accordingly petitioner above-named, in
the event of his arrest or surrender before the court below within
a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge 6 th cum Special
Judge POCSO-I, Muzaffarpur/concerned Court, where the case is
Patna High Court CR. MISC. No.27393 of 2026(2) dt.29-04-2026
3/3
pending in connection with Sakara P.S. Case No. 27 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…