Patna High Court
Suman Kumar @ Suman Sao @ Suman SawversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied the petitioner's application for regular bail.
Summary
The petitioner, Suman Kumar, applied for regular bail in a case registered under sections 329(4) and 74 of the Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act. The prosecution alleged that the victim found the petitioner sleeping beside her and that he fled when she raised an alarm. The petitioner contended that he was falsely implicated, highlighted a two‑day delay in filing the FIR despite the police station being only 6 km away, and pointed out his lack of prior criminal record. The victim’s statement under section 183 of the Bharatiya Nyaya Sanhita was recorded, and charges had already been framed and the trial was underway. After hearing both sides, the court declined to grant bail, directing the trial court to complete the trial within six months.
Issues considered
- Whether regular bail should be granted to the accused under the Bharatiya Nyaya Sanhita and POCSO Act after the victim’s statement and framing of charges.
- Whether the delay in lodging the FIR and the petitioner’s clean record warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 329(4), 74
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- POCSO Act
- victim statement
- charge framed
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78151 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- BEN P.S. District- Nalanda
======================================================
Suman Kumar @ Suman Sao @ Suman Saw S/o Subodh Saw R/o village -
Nosha, P.S - Ben, District – Nalanda, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o Sanjay Chaudhary R/o village - Nosha, P.S - Ben, District -
Nalanda, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishav Dev, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ben P.S. Case no.114 of
2025 registered under sections 329(4) and 74 of the Bharatiya
Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act.
3. As per the prosecution case, the informant states
that on waking up in the night, she found the petitioner sleeping
by her side. On the informant raising hulla, it is stated that the
petitioner escaped.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Inspite of the
police station being only at a distance of 6 k.m., there is an
unexplained delay of two days in lodging of the FIR. The
material that has transpired in course of investigation does not
Patna High Court CR. MISC. No.78151 of 2025(3) dt.11-02-2026
2/2
support the prosecution case. The petitioner is in custody since
2.9.2025 and has no criminal antecedent. Chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that the victim has
supported the prosecution case in her statement under section
183 B.N.S.S. It is further submitted that charge has been framed
in the learned trial Court and the trial has proceeded.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the contents
of the statement of the victim under section 183 B.N.S.S. and
charge having been framed in the learned trial Court, the Court
is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Learned trial Court is directed to expedite the trial
and to conclude the same within a period of six months from the
date of receipt/production of a copy of this order.
(Partha Sarthy, J)
Saurabh/-
U T
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