Patna High Court

Shekh Samrajya @ Shekh Samraji@Shekh SamrajversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL REJECTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was denied as the victim's statement indicated prima facie sexual intent.

Summary

The petitioner, Shekh Samrajya, was named in an FIR (Bairiya PS Case No. 341 of 2024) for alleged sexual assault of a 12‑year‑old girl, alleged under Sections 74 and 76 of the Bhartiya Nyay Sanhita, 2023 and Sections 4, 6 and 8 of the POCSO Act. He applied for anticipatory bail, claiming a clean antecedent and arguing that the FIR was based on a penetrative assault claim that was not convincing. The State opposed the bail, relying on the child's statement recorded under Section 183 of the B.N.S., which indicated that the petitioner had seized and pulled the girl with sexual intent. The court examined the victim’s statement and the seriousness of the alleged offences and found a prima facie case of sexual intent. Consequently, the court rejected the petition for anticipatory bail, holding that the petitioner should remain in custody pending trial.

Issues considered

Whether anticipatory bail can be granted to the petitioner in view of the alleged sexual assault of a minor.
Whether the victim's statement under Section 183 of the Bhartiya Nyay Sanhita establishes sufficient grounds to deny anticipatory bail.

Legislation cited

Bhartiya Nyay Sanhita, 2023 — s. 183, 74, 76
Code of Criminal Procedure, 1973 — s. 164
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6, 8

Subjects

anticipatory bail
sexual assault
child victim
POCSO Act
Bhartiya Nyay Sanhita
bail rejection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29825 of 2025
                   Arising Out of PS. Case No.-341 Year-2024 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Shekh Samrajya @ Shekh Samraji@Shekh Samraj S/O Shekh Muslim R/O
                 Village- Tadhwa Nandpur Ward No.-01, P.S- Bairiya, District- West
                 Chamapran at Betiya.
                                                                    ... ... Petitioner
                                               Versus
           1.     The State of Bihar
           2.     Anita Devi W/O Ashok Prasad R/O Village- Baluwa Rampurwa Ward No.-
                  13, P.S- Bairiya, Distt.- West Champaran at Betiya.
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   06-01-2026               Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Bairiya P.S. Case No.

                   341 of 2024 registered for the offences punishable under

                   Sections 74/76 of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’) and Section 4, 6, 8 of the POCSO Act.

                             3. The allegation against the petitioner is to sexually

                   assault the daughter of the informant aged about 12 years.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that FIR in issue was lodged for penetrative sexual

                   assault which appears not convincing in view of statement of
           Patna High Court CR. MISC. No.29825 of 2025(6) dt.06-01-2026
                                                       2/2




                     victim recorded under section of the 164 Cr.P.C. as well as

                     medical report of the victim, but fairly conceded that charge-

                     sheet in this matter is still to be submitted. Petitioner claimed to

                     be a man of clean antecedent.

                               5. Learned A.P.P. for the State, while opposing the

                     prayer of anticipatory bail of the petitioner, submitted that the

                     victim who is aged about 12 years categorically stated that the

                     petitioner caught hold her while she was returning after taking

                     milk and pulled her to nearby orchard. It is submitted that

                     statement categorically suggest that assault was with sexual

                     intent.

                               6. In view of aforesaid factual submission and by taking

                     note of statement of the victim, aged about 12 years, recorded

                     under section 183 of the B.N.S.S. which prima facie suggests

                     that assault was made prima facie with sexual intent,

                     accordingly, the prayer of anticipatory bail of the petitioner

                     stands rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T

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