Patna High Court
Sarwan Kumar @ Sharma KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the victim could not identify the petitioner and the implication was based on suspicion, bail should be granted.
Summary
The petitioner, Sarwan Kumar, was arrested in connection with a case alleging sexual assault (non‑penetrative) of a minor, the daughter of the informant, under Sections 126(2), 75(2), 352 of the Bihar Negotiable Securities Act (BNSS) and Sections 8 and 12 of the POCSO Act. The victim testified that she could not identify the petitioner and claimed he was named out of family dispute, stating he is her cousin. The petitioner sought bail, arguing that the accusation was based merely on suspicion and the victim’s inability to positively identify him. The court examined the victim’s statement under Section 183 of the BNSS and concluded that the implication was prima facie on suspicion. Accordingly, the court directed that the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual assault of a minor under the POCSO Act and BNSS provisions.
- Whether the victim’s inability to positively identify the accused renders the accusation prima facie weak.
- Whether Section 482(2) of the BNSS permits the grant of bail in such circumstances.
Legislation cited
- Bihar Negotiable Securities Act — s. 126(2), 183, 352, 482(2), 75(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- sexual assault
- minor
- POCSO
- Section 183
- suspicion
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35065 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Sarwan Kumar @ Sharma Kumar S/o Sanjivan Choudhary @ Sanjivan Kewat
R/o Village- Sripur, P.S.- Belaganj, District- Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kajal Kumari D/o- Ravish Choudhary, R/o- Village- Sripur, P.S.- Belaganj,
Dist.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 13-01-2026 Heard learned counsel appearing on
behalf of the petitioner and learned Additional
Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner apprehending his
arrest in connection with Belaganj P.S. Case No. 63
of 2025 registered for the offences punishable
under Sections 126(2), 75(2), 352 of BNS and
Section 8/12 of POCSO Act.
3. As per FIR, petitioner assault sexually to
minor daughter of the informant while she was
returning to her home in evening at about 7:00 PM
on 23.01.2025.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that upon
Patna High Court CR. MISC. No.35065 of 2025(5) dt.13-01-2026
2/3
perusal of Section 183 of the BNSS, it appears that
though victim supported the occurrence of sexual
assault (non-penetrative) but she could not identify
the person. It is pointed out that she categorically
stated that this petitioner is her cousin brother and
due to family disputes, he was implicated out of
confusion. It is pointed out that victim also stated
that the informant who is mother of the victim
named this petitioner on the basis of suspicion.
5. Learned counsel appearing for the
informant/opposite party no. 2, while opposing the
prayer of bail submitted that the family disputes,
which was the reason behind implication, now
appears settled between the parties.
6. In view of aforesaid factual submissions
and by taking note of fact as in view of statement
of Section 183 of BNSS of victim, it appears prima
facie that implication of petitioner made on the
basis of suspicion as victim could not recognize the
petitioner as an accused during the alleged
occurrence, accordingly, above named petitioner,
in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.35065 of 2025(5) dt.13-01-2026
3/3
learned trial Court, within a period of four weeks of
the order, 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 Additional
Sessions Judge-VI-cum-Special Judge, POCSO
Judge, Gaya/concerned Court, where the case is
pending in connection with Belaganj P.S. Case No.
63 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…