Sharwan Das @ Sharwan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19909 of 2026 Arising Out of PS. Case No.-182 Year-2025 Thana- MAHILA PS District- Darbhanga ====================================================== Sharwan Das @ Sharwan Thakur S/O Chandra Bhushan Thakur R/O VillageParri, P.S- Biraul, Distt.- Darbhanga at Present Ram Janki Mandir, Pachadhi, P.S- Laheriasarai, Distt.- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

X W/O Y R/O Mohalla- Laxmi Nagar, Near Gas Godown, P.S- University, Distt.- Darbhanga.

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Adv.

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-04-2026 Heard the learned senior counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 182 of 2025 registered for the offence under Sections 64, 351(2), 352, 89, 3(5) of the BNS and under Sections 4, 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have sexually assaulted the victim when she was minor and subsequently to save himself, he got married to the victim and thereafter left the victim.

4. The petitioner is in custody since 17.01.2026.

Patna High Court CR. MISC. No.19909 of 2026(2) dt.01-04-2026 2/2

5. Learned senior counsel for the petitioner submits that the petitioner is innocent and he has no role to play in the alleged offence.

6. Learned counsel for the State and the informant have vehemently opposed the prayer of the petitioner.

7. Considering the fact that petitioner has committed rape with a minor victim and for taking relief he performed a sham marriage and thereafter deserted her, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. If the trial of the petitioner is delayed by the prosecution then the petitioner may renew his prayer for bail.

10. It is also made clear that the observations made in this case are limited for deciding the bail application only and the lower Court will not be prejudiced by the same in the trial. (Sandeep Kumar, J) Vikas/- U