Patna High Court
Vikash Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Vikash Kumar Sharma, was charged in a criminal case for alleged sexual relations with a 14‑year‑old girl, invoking sections 115(2), 126(2), 74, 352 and 351(2) of the Bharatiya Nyaya Sanhita and sections 8 and 12 of the POCSO Act. He has been in custody since 28 September 2025 and applied for bail. The court examined the gravity of the offences, the age of the victim, and the seriousness of the charges. Considering these factors, the bench was not inclined to grant bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to this bail application and do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual intercourse with a minor under the Bharatiya Nyaya Sanhita and POCSO Act
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 351(2), 352, 74
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- sexual offences
- child sexual abuse
- POCSO
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6168 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Vikash Kumar Sharma Son of Yoganand Sharma @ Yogi Sharma Resident of
Village- Jaidevpatti, P.S.- Ghanshyampur, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y Resident of Village- Pali, P.S.- Ghanshyampur, District-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the State : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ghanshyampur P.S. Case No. 327 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 74, 352 AND
351(2) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of
the POCSO Act.
3. The petitioner is alleged to have entered into a
physical relationship with the victim, who is said to be aged
about 14 years.
4. The petitioner is in custody since 28.09.2025.
5. Considering the gravity of the offence and the
Patna High Court CR. MISC. No.6168 of 2026(3) dt.31-03-2026
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allegation, I am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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