Patna High Court
Chandan KewatversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
The petitioner, Chandan Kewat, filed an application fearing arrest in a case (Bind P.S. Case No. 178 of 2025) where he is charged under sections of the Bharatiya Nyaya Sanhita, the Protection of Children from Sexual Offences Act and the SC/ST Act for alleged molestation of a minor. The petition sought anticipatory bail to avoid arrest. The High Court examined the seriousness of the allegations and the statutory provisions invoked. Finding the charges grave, the Court dismissed the anticipatory bail application and ordered the petitioner to surrender within two weeks and apply for regular bail. The order was directed to be communicated to the Superintendent of Police, Nalanda for enforcement.
Issues considered
- What is the appropriate relief when a petitioner apprehends arrest in a serious sexual offence case involving a minor?
- Whether anticipatory bail can be granted under the circumstances of the charges under the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST Act?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 126(2), 351(2), 352, 74, 78(1)
- Protection of Children from Sexual Offences Act — s. 12, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- sexual offences
- minor victim
- SC/ST Act
- POCSO Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89896 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- BIND District- Nalanda
======================================================
Chandan Kewat S/O Surendra Kewat R/O Village- Bakra, P.S.- Bind, Distt.-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX W/O Dularchand Paswan R/O Village- Bakra, P.S- Bind, Distt.-
Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the State : Mr.Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Bind P.S. Case No. 178 of 2025 instituted under Sections
126(2), 351(2), 352, 74 and 78(1) of the Bharatiya Nyaya
Sanhita; Section 8/12 of the Protection of Chindren from Sexual
Offences Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the
SC/ST Act.
3. The petitioner is accused of molesting a minor
victim girl.
4. In view of the serious allegation levelled against the
petitioner, this application is dismissed.
Patna High Court CR. MISC. No.89896 of 2025(2) dt.04-02-2026
2/2
5. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Nalanda will take all steps for arrest
of the petitioner.
6. Let a copy of this order be communicated to the
Superintendent of Police, Nalanda through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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