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Patna High Court

Sushil Kumar @ Sushil DharkarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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