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Patna High Court

Sanjay SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the charges and the victim's statement warranted dismissal of the bail application.

Summary

The petitioner, Sanjay Sharma, was charged in Raghopur P.S. Case No. 111 of 2024 with offences under IPC sections 341, 323, 506, 376 and POCSO Act sections 4 and 6, alleged to have raped a 14‑year‑old girl. The victim corroborated the allegations in a statement recorded under Section 164 of the Cr.P.C. The petitioner applied for regular bail. The court examined the seriousness of the charges and the victim's testimony. Considering the gravity of the offences, especially the child rape under the POCSO Act, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail should be granted to the petitioner in view of the serious offences alleged, including rape of a minor under the POCSO Act

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • IPC
  • POCSO Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48889 of 2025
                      Arising Out of PS. Case No.-111 Year-2024 Thana- RAGHOPUR District- Supaul
                 ======================================================
                 Sanjay Sharma S/O Moti Lal Sharma R/O Village- Bilashpur, Daulat, (Bhagta
                 Tola Ward No. 14), P.S- Raghopur, Distt.- Supaul.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Gita Devi W/O Ajjo Mukhiya R/O Village- Ramvishanpur, Ward No. 7, P.S-
                 Raghopur, Distt.- Supaul.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nafisu Zzoha
                 For the Opposite Party/s :       Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   14-05-2026                   Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Raghopur P.S. Case No. 111 of 2024 registered for the offence

                   under Sections 341, 323, 506, 376 of the Indian Penal Code and

                   under Section 4 and 6 of the POCSO Act.

                                3. As per the prosecution case, the petitioner is alleged

                   to have committed rape with a 14 year old girl.

                                4. The victim girl has supported the allegations in her

                   statement given under Section 164 of the Cr.P.C./183 of the

                   BNSS.

                                5. Considering the serious allegations levelled against

                   the petitioner, this Court is not inclined to grant bail to the
          Patna High Court CR. MISC. No.48889 of 2025(8) dt.14-05-2026
                                                      2/2




                    petitioner.

                                  6. Accordingly, this application stands dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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