Patna High Court

Saroj Singh @ Dhananjay KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner subject to bond, sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.

Summary

The petitioner, Saroj Singh, sought anticipatory bail in a case where he was accused of committing indecent acts, assault, and threats against a woman under several sections of the BNS and the POCSO Act. He claimed he was falsely implicated due to a drainage dispute, argued that no bite marks were found on the victim despite allegations, and highlighted that the sole eyewitness had not been examined. The State opposed the bail, asserting the seriousness of the offences. The court examined the lack of medical evidence and the non‑examination of the eyewitness, and considered the provisions of Section 438 of the CrPC. It granted anticipatory bail subject to a bond, sureties and conditions prescribed under the relevant statutes.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC
Whether the prosecution has established a prima facie case given the lack of medical evidence and unexamined eyewitness
Whether the allegations of false implication and motive (drainage dispute) affect bail considerations

Legislation cited

BNS — s. 115(2), 126(2), 3(5), 351(3), 62, 64, 74, 76
BNSS, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
POCSO Act — s. 12, 8

Subjects

anticipatory bail
POCSO
sexual assault
false implication
medical evidence
eyewitness examination
Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32277 of 2025
                  Arising Out of PS. Case No.-3 Year-2025 Thana- MAHILA P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Saroj Singh @ Dhananjay Kumar son of Kameshvar Singh Village- Barwan
                 Kala, Ps- Adhoura, dist- Kaimur at Bhabua
                                                                     ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     sandhya Kumari Son of Baboo Sharma Village- Barwan Kala, Ps- Adhoura,
                  dist- Kaimur at Bhabua
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tribhuwan Narayan
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   30-01-2026                    Heard learned counsel for the petitioner as well as the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection with

                   Bhabua Mahila P.S. Case No. 03 of 2025, registered for the offences

                   punishable under Sections 62, 64, 74, 76, 115(2), 126(2), 351(3),

                   3(5) of BNS and sections 8, 12 of POCSO Act.

                                3. The prosecution case, in brief, is that on 06.01.2025 at

                   about 03:00 PM, the petitioner along with co-accused Saroj Singh

                   allegedly took the informant/victim to a deserted house, where she

                   was subjected to indecent acts, assaulted and threatened with dire

                   consequences in case of disclosure.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the

                   present case due to a drainage dispute. It is further submitted that, as
           Patna High Court CR. MISC. No.32277 of 2025(6) dt.30-01-2026
                                                       2/2




                     per allegation, the petitioner and the co-accused had bitten the

                     informant on her cheek, but no injury marks of teeth bite or any other

                     external injury were found in the medical examination. He has also

                     submitted that the sole eye-witness, Priyanshu Kumari, has not been

                     examined by the investigating authorities, nor has any reason been

                     assigned for her non-examination.

                                  5. On the other hand, learned APP for the State has

                     opposed the prayer for bail.

                                  6.    Considering       the    above-mentioned   facts   and

                     circumstances, in the event of his arrest or surrender within four

                     weeks before the learned court below, be released on anticipatory bail

                     on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of learned Special

                     Judge, POCSO Act-cum-ADJ-VI, Kaimur at Bhabua/concerned

                     Court in connection with Bhabua Mahila P.S. Case No. 03 of 2025,

                     subject to the conditions as laid down under Section 438(2) of the

                     CrPC/482(2) of the BNSS, 2023.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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