Sarwan Kumar @ Sharma Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, CR. MISC. No.35065 of 2025, decided 13-01-2026, Coram: Chandra Shekhar Jha, J. Anticipatory/pre-arrest bail allowed in a POCSO matter arising from Belaganj P.S. Case No. 63 of 2025, Thana Belaganj, District Gaya - offences under Sections 126(2), 75(2), 352 of BNS and Section 8/12 of POCSO Act; allegation of sexual assault on the informant's minor daughter on 23.01.2025 at about 7:00 PM; victim's Section 183 BNSS statement - non-penetrative assault, assailant not identified, petitioner (cousin brother) named by informant-mother on suspicion, family disputes settled; bail bond Rs. 10,000 with two like sureties; conditions under Section 482(2) BNSS; court below: Additional Sessions Judge-VI-cum-Special Judge (POCSO), Gaya. Keywords: anticipatory bail; POCSO; BNSS Section 183 statement; suspicion-based implication; inability to identify assailant.
What did the court decide?
Bail allowed: the petitioner is to be released on bail upon arrest or surrender before the learned trial Court within four weeks, furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Judge, Gaya/concerned Court, subject to the conditions laid down under Section 482(2) of the BNSS.