Patna High Court
Shailesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not warranted given the seriousness of the alleged offences, and the application was dismissed.
Summary
The petitioner, Shailesh Kumar, filed an anticipatory bail application fearing arrest in a case (Warisaliganj P.S. Case No. 197 of 2025) involving alleged molestation and attempted rape. The prosecution alleged that the petitioner committed offences under multiple sections of the Bihar Negotiable Statutes (BNS) and Sections 8 and 12 of the POCSO Act. The petitioner argued that anticipatory bail was necessary to protect his liberty pending trial. The Court examined the seriousness of the allegations, especially the sexual offences against a minor, and considered the public interest in ensuring a fair investigation. Concluding that the gravity of the charges outweighed the petitioner's claim for bail, the Court refused to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the serious sexual offence allegations under the BNS and POCSO Act.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 329(4), 3(5), 351(2), 352, 74, 75(1), 87, 96
- Protection of Children from Sexual Offences Act (POCSO) — s. 12, 8
Subjects
- anticipatory bail
- sexual assault
- POCSO Act
- criminal procedure
- bail denial
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70782 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Shailesh Kumar Son of Anuj Prasad Resident Of Village - Baghi Bardiha, P.S.
- Warisaliganj, District - Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soniya Kumari D/o- Sablu Prasad R/o- Village- Baghi Bardha, P.S-
Warisaliganj, District- Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Warsaliganj P.S. Case No. 197 of 2025 registered for the
offence under Sections 126(2), 329(4), 87, 96, 74, 75(1), 115(2),
352, 351(2), 3(5) of the BNS and under Section 8 and 12 of the
POCSO Act.
3. As per the prosecution case, the petitioner is
alleged to have molested and tried to commit rape with the
victim.
4. Considering the serious allegation levelled
against the petitioner, this Court is not inclined to grant
Patna High Court CR. MISC. No.70782 of 2025(3) dt.09-03-2026
2/2
anticipatory bail to the petitioner.
5. Accordingly, this application for anticipatory
bail is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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