Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied and the application was dismissed.
Summary
The petitioner, Sagar Kumar, was arrested in connection with a case registered under Sections 115(2), 352, 74, 3(5) of the B.N.S. and Section 12 of the POCSO Act, alleging an attempt to rape a ten‑year‑old girl. He applied for regular bail, asserting that he had been falsely implicated, had no prior criminal record, and had been in custody since 18‑08‑2025, while also undertaking to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed the bail on the grounds of the seriousness of the alleged offences. The Court examined the gravity of the charges, particularly the alleged attempt to commit rape of a minor, and concluded that the seriousness warranted denial of bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused in a case of alleged attempted rape of a minor under the POCSO Act and other provisions of the B.N.S.
Legislation cited
Subjects
- bail
- attempted rape
- minor
- POCSO Act
- criminal procedure
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76723 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- PATKHAULI District- West Champaran
======================================================
Sagar Kumar S/o Dhebar Ram R/o Vill- Narayeepur, ward no. 12, P.S.-
Pathkhauli, Distt.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Umarawati Devi W/o Chhotelal Ram R/o Narayeepur, ward no. 12, P.s.-
Pathkauli, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Pathkhauli P.S. Case No. 194/2025 registered for the offences
punishable under Sections 115(2), 352, 74, 3(5) of B.N.S. and
Section 12 of POCSO Act.
3. As per the prosecution case, petitioner is accused of
trying to commit rape with a 10 year old victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedents and
he is in custody since 18.08.2025. The petitioner undertakes to
Patna High Court CR. MISC. No.76723 of 2025(6) dt.19-03-2026
2/2
co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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