Patna High Court
Parma Nand KewatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to the petitioners, subject to bail‑bond and surety conditions.
Summary
Petitioners Parma Nand Kewat and Karun Kewat sought anticipatory bail after a complaint was lodged alleging they assaulted the minor daughters of Meena Devi, invoking IPC sections 341, 323, 354 and Section 8 of the POCSO Act. The petitioners contended that the allegations were false, fabricated in retaliation for a case they had filed earlier, and highlighted a three‑day delay in filing the complaint. The State and the complainant opposed the bail, arguing the seriousness of the offences. The Court, considering the nature of the accusations, the delay, and the counter‑case, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if the petitioners are arrested or surrender within eight weeks, they may be released on bail in the lower court.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under IPC and offences under the POCSO Act.
- Whether the delay in filing the complaint and the claim of retaliation affect the merit of the prosecution's case.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in the circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 323, 341, 354
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- IPC
- assault
- POCSO
- false complaint
- retaliation
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83952 of 2025
Arising Out of PS. Case No.-12 Year-2023 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
======================================================
1. Parma Nand Kewat S/o- Late Kapildeo Kewat R/v- Chewara Tola Beldariya
Ps- Chewara Dist- Sheikhpura
2. Karun Kewat S/o- Late Kapildeo Kewat R/v- Chewara Tola Beldariya Ps-
Chewara Dist- Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Meena Devi W/o- Sukhdeo Kewat R/v- Chewara Tola Beldariya Ps-
Chewara Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Vinay Pd. Singh
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
For the O.P. No. 2 : Mr. Sonu Kumar, Mr. Niranjan Kumar, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioners,
complainant and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 354 of the
Indian Penal Code and Section 8 of the Protection of Children
from Sexual Offences Act.
3. As per the complaint case, all the named accused
persons, including these petitioners, misbehaved with minor
daughters of the complainant when they had gone to attend
nature’s call. When complainant and others went to save them,
they were also assaulted by the accused persons.
Patna High Court CR. MISC. No.83952 of 2025(4) dt.30-03-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. As a
matter of fact, present case is false and concocted, lodged in
retaliation to Chewara P. S. Case No. 31 of 2023, which was
lodged by petitioner no. 1, one week prior to the present case,
against complainant and her family members. Present case has
been lodged after inordinate delay of three days which itself
raises doubt over veracity of the prosecution case. Allegation of
assault is general and omnibus. Rest of the allegations are
ornamental only to make the case grave.
5. Learned A.P.P. for the State as well as learned
counsel for the complainant vehemently opposed the bail
application.
6. Considering the nature of accusation, delay and
case and counter case, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional District
and Sessions Judge-VI-cum-Special Judge, POCSO Act,
Sheikhpura in connection with POCSO Case No. 12 of 2023,
Patna High Court CR. MISC. No.83952 of 2025(4) dt.30-03-2026
3/3
subject to conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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