Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Suman Kumar, was charged in a police case for allegedly molesting two minor girls, an offence punishable under Sections 65(1) and 62 of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the Protection of Children from Sexual Offences Act. The victims’ statements, recorded under Section 183 of the BNSS, corroborated the prosecution’s case. The petitioner applied for anticipatory bail, fearing arrest. The Court examined the seriousness of the alleged sexual assault and the victim testimonies. Considering the gravity of the crime and the strength of the evidence, the Court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the POCSO Act given the alleged sexual offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 62, 65(1)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- sexual assault
- Bharatiya Nyaya Sanhita
- POCSO Act
- gravity of offence
- victim testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3238 of 2026
Arising Out of PS. Case No.-505 Year-2025 Thana- GORAUL District- Vaishali
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Suman Kumar S/o- Lotha Mahto @ Yogendra Mahto Village- Bindtoli
Bahadurpur PS- Goraul Distt- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- Late YYY R/v- Tuikaha Bahadurpur Ps PO- Gorail Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Chandra Jha, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in Goraul P. S. Case
No. 505 of 2025 registered for the offences punishable under
Sections 65(1), 62 of the Bharatiya Nyaya Sanhita and Section
4, 6 of the Protection of Children from Sexual Offences Act.
3. It is alleged that 01.09.2025 at about 7:30 PM,
when daughters of the informant were returning home, this
petitioner along with one other accused person caught hold of
them, dragged them into the orchard and molested them.
Victims in their statement, recorded under Section 183 BNSS,
have supported the prosecution case.
4. In view of the gravity of the offence and statement
Patna High Court CR. MISC. No.3238 of 2026(2) dt.02-02-2026
2/2
of the victims recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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