Patna High Court
Sanawal Alam @ Sanwar Alam @ Sanauwar DewanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the offence was deemed too grave.
Summary
The petitioner, Sanawal Alam, sought anticipatory bail fearing arrest in a case (Ramgarhwa P.S. Case No. 127 of 2025) where he is accused of raping a minor under Sections 64(1), 127(1), 115(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act. The prosecution alleged that the petitioner committed the offence, while the petitioner claimed innocence and a clean antecedent. The learned counsel for the petitioner argued that anticipatory bail was appropriate, whereas the State opposed on the ground of the seriousness of the alleged crime. The Court, after considering the gravity of the offence, held that the case was not suitable for anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was directed to surrender within two weeks and apply for regular bail, failing which the police would proceed with his arrest.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged rape of a minor under the Bharatiya Nyaya Sanhita and the POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 127(1), 3(5), 64(1)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78775 of 2025
Arising Out of PS. Case No.-127 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Sanawal Alam @ Sanwar Alam @ Sanauwar Dewan Son of Late Nuradin
Dewan Resident of Village - Sakrar Tola Hasanpura, P.S.- Ramgarhwa,
District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jane Alam Son of Kadir Dewan Resident of Village - Sakrar Tola
Hasanpura, P.S.- Ramgarhwa, District - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Ramgarhwa P.S. Case No. 127 of 2025 instituted under
Sections 64(1), 127(1), 115(2), 3(5)of the Bharatiya Nyaya
Sanhita and Section 8 of the POCSO Act.
3. As per the prosecution case, petitioner is accused
of committing rape with a minor girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.78775 of 2025(5) dt.26-02-2026
2/2
for anticipatory bail of the petitioner on the ground that
petitioner has raped a minor girl.
6. Considering the gravity of offence, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, East Champaran will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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