Created by Fuzzy Cloud

Patna High Court

Suresh SawversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.