Patna High Court
Sushil Kumar @ Sushil DharkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sushil Kumar, was arrested on 14 June 2025 in connection with a case alleging that he attempted to outrage the modesty of a minor girl, invoking sections of the Bharatiya Nyay Sanhita, 2023 and the POCSO Act. The prosecution alleged that the petitioner had seized the informant's daughter while she was attending to nature's call. The petitioner contended that the allegations were false, he had a clean antecedent, and he was falsely implicated. The court examined the seriousness of the offences, the petitioner’s clean record, and the lack of evidence of flight risk. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was directed to be implemented by the Special Court, POCSO, Saharsa.
Issues considered
- Whether bail should be granted to the petitioner accused under sections of the Bharatiya Nyay Sanhita, 2023 and the POCSO Act
- Whether the petitioner poses a flight risk or a risk of tampering with evidence or witnesses
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 118(1), 126(2), 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- sexual offences
- POCSO Act
- Bharatiya Nyay Sanhita
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79325 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- BANGAWON District- Saharsa
======================================================
Sushil Kumar @ Sushil Dharkar S/O Yogendra Hari Resident of Village-
Safabad Dharkar Tola, P.S.- Bangaon, Dist.- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. F W/O Ram Bilas Tanti R/O Vill.- Bariyahi, Safabad, Ward no. 10, P.S.-
Bangaon, Dist.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Harun Quareshi, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP-125
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-01-2026 Heard Md. Harun Quareshi, learned counsel for the
petitioner as well as Ms. Renuka Ratnakar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.06.2025 in connection with Bangaon P.S. Case No. 75 of
2025, F.I.R. dated 16.05.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 76 of the Bharatiya Nyay
Sanhita, 2023 and 8, 12 of POCSO Act.
3. According to prosecution case, the informant
alleged that when her daughter and her cousin daughter went for
nature’s call, in the meantime, the petitioner caught informant’s
daughter and tried to outrage her modesty.
Patna High Court CR. MISC. No.79325 of 2025(3) dt.29-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. It appears from the FIR that the petitioner had done
nothing wrong with the informant’s daughter. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
14.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special Court,
POCSO, Saharsa in connection with Bangaon P.S. Case No. 75
of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.79325 of 2025(3) dt.29-01-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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