Patna High Court
Bitan Kumar @ Sarju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's bail application, finding the allegations of assault and abuse credible and serious.
Summary
The petitioner, Bitan Kumar, was arrested in connection with a case alleging that he abused and physically assaulted a 13‑year‑old informant on two occasions in July 2025 and also assaulted the victim's mother. The charges were framed under sections 126(2), 115(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 8 of the POCSO Act. The petitioner contended that he was falsely implicated over a water‑passage dispute, highlighted a ten‑day delay in filing the FIR, and pointed out the lack of serious injuries to the mother and his clean criminal record. The State opposed bail, emphasizing the seriousness of the allegations and the victim’s corroboration during investigation. After hearing both sides, the Court found the allegations credible and declined to grant regular bail, dismissing the petitioner's application.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the delay in lodging the FIR and the petitioner’s claim of false implication justify bail.
- Whether the victim’s statements and the nature of alleged injuries affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- assault
- child protection
- POCSO Act
- Bharatiya Nyaya Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75833 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- JAMHOR District- Aurangabad
======================================================
Bitan Kumar @ Sarju Kumar Son of Damodar Ram Village- Barauli, Hasaiya
Bigha, Ps- Jamhore, Dist- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. S Daughter of R Village- Barauli, Hasaiya Bigha, Ps- Jamhore, Dist-
Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. No one appears on behalf of the opposite
party no. 2.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jamhore P.S. Case no.
189 of 2025 registered under sections 126(2), 115(2), 351(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section
8 of the POCSO Act.
3. As per the prosecution case, the petitioner is said to
have abused and physically assaulted the 13 year old informant
on 9.7.2025 and again on 17.7.2025 on which date the mother of
the victim was also beaten up.
Patna High Court CR. MISC. No.75833 of 2025(4) dt.11-02-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case over a dispute with
respect to passage of water. There is an unexplained delay of ten days
in lodging of the FIR. The so called injuries on the body of the
mother of the victim has been found to be simple in nature. The
victim refused medical examination. The petitioner is in custody
since 25.7.2025 and has no criminal antecedent. Chargesheet has
been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the specific allegation against the
petitioner of having abused and assaulted the 13 year old victim/
informant on two days and the allegations having been
supported by the victim in course of investigation, the Court is
not inclined to enlarge the petitioner on bail and the application is
rejected.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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