Suraj Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5781 of 2026 Arising Out of PS. Case No.-589 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Suraj Shah S/o Dilip Shah R/o Village- Koiri Tola Math, Laxmanpur, P.SAlamganj, Dist- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kushboo Devi W/O Vippi Shah R/o Village- Koiri Tola Math, Laxmanpur, P.S- Alamganj, Dist- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Bharti, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Notice is validly served upon opposite party no. 2.

2. The petitioner seeks bail in connection with Alamganj P.S. Case No. 589 of 2025, instituted for the offences punishable under Sections 75, 76 of the Bharatiya Nyaya Sanhita, 2023, read with Section 8 and 12 of POCSO Act.

3. The prosecution case, in short, is that the petitioner allegedly attempted to sexually assault the informant's minor daughter and fled from the spot upon being noticed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.5781 of 2026(7) dt.20-07-2026 2/3 Learned counsel for the petitioner also submits that the petitioner is the uncle of the informant. It is submitted that the allegation levelled against the petitioner is false and baseless. It is further submitted that medical examination of the victim was not conducted due to denial of her mother. The petitioner is in custody since 04.06.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamganj P.S. Case No. 589 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.5781 of 2026(7) dt.20-07-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T