Umesh Samari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10296 of 2026 Arising Out of PS. Case No.-227 Year-2025 Thana- CHANPATIA District- West Champaran ====================================================== Umesh Samari S/o Late Ramayan Sah R/o Village- Neya Tola Chanpatiya, Ward No 2, PS- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X W/o Y Resident of Village- Neya Tola, Chanpatiya, ward no. 2, PSChanpatiya, Distt.- West Champaran, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Mohan, Advocate For the Informant : Mr. Kumar Prabhakar, Advocate For the State :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2026 Heard Mr. Mayank Mohan, learned counsel for the petitioner, Mr. Kumar Prabhakar, learned counsel for the Informant and Mr. Anil Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 18.10.2025, in connection with Chanpatiya P.S. Case No. 227 of 2025, F.I.R. dated 18.10.2025 registered for the offences punishable under Sections 64(1), 62 of the B.N.S., 2023 and Sections 4/6 of the POCSO Act.

3. Allegation against the petitioner is that he has inserted his finger in the private part of the victim who is only six years of old.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated

Patna High Court CR. MISC. No.10296 of 2026(5) dt.06-05-2026 2/2 in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that as per allegation in the F.I.R. the petitioner has inserted his finger in the private part of the victim who is only six years of old and medical report also confirms the allegation as alleged in the F.I.R. and apart from the aforesaid, a number of witnesses have supported the case of the prosecution and the victim in her statement recorded under Section 183 of the B.N.S.S., she has fully supported the case of the prosecution.

6. Considering the nature of allegation supported by the medical evidence as well as statement of the victim recorded under Section 183 of the B.N.S.S., I am not inclined to enlarge the petitioner on bail in connection with Chanpatiya P.S. Case No. 227 of 2025 pending in the Court of learned Special Judge, POCSO-cum-D.A.S.J. VI, Bettiah, West Champaran.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U T