Patna High Court
Suresh SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Suresh Saw, was arrested for alleged offences under sections 126(2), 127(2) and 76 of the B.N.S. and sections 8 and 12 of the POCSO Act, accused of entering a house at night and teasing the minor daughter of the informant. The victim’s statement was recorded under sections 180 and 183 of the B.N.S.S. The petitioner, who had been in judicial custody since 8 June 2025, applied for regular bail, claiming innocence and emphasizing his status as a next‑door neighbour. The State opposed the bail on the ground of the seriousness of the alleged offences. After hearing both sides, the Patna High Court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Sessions Judge‑VII‑cum‑Special Judge, POCSO, Patna.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged offences under the POCSO Act and other sections of the B.N.S.
Legislation cited
Subjects
- regular bail
- POCSO Act
- sexual offences against minor
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89712 of 2025
Arising Out of PS. Case No.-457 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Suresh Saw Son of Late Vijay Saw @ Late Vinay Saw Resident of Village-
Gangachak, P.S.- Masaurhi, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XYZ Wife of Navin Saw Resident of Village- Gangachak, P.S.- Masaurhi,
District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
127(2) and 76 of B.N.S. and Sections 8 and 12 of POCSO Act.
3. The case of the prosecution is that the petitioner
entered in the house of the informant at 10:45 PM while, the
informant and her daughter were sleeping. It is alleged that the
daughter of the informant who is minor and dumb, the petitioner
started teasing her. She could not raise alarm. Anyhow, the
informant woke up and saw that the petitioner is teasing her
daughter.
Patna High Court CR. MISC. No.89712 of 2025(3) dt.15-01-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that petitioner is next
door neighbour of the informant. From perusal of the order of
the learned trial court, it is clear that statement of the victim was
recorded under Sections 180 and 183 of B.N.S.S. wherein she
has stated that the petitioner has teased her. Moreover, the
petitioner is languishing in judicial custody since 08.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Mashaurhi P.S. Case No. 457 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-
VII-cum-Special Judge, POCSO, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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