← Library
Patna High CourtCR. MISC./46931/2026dismissed

Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

2026-07-29Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46931 of 2026 Arising Out of PS. Case No.-175 Year-2026 Thana- DINARA District- Rohtas ====================================================== Sanjay Singh @ Sanjay Kumar Singh Son of Belash Singh Resident of village -Khalsapur PS -Dinara, Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX Daughter of YYY Resident of village -Khalsapur Po- Dinara, PS -Dinara, Dist- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP For the Informant :

Mr. Babu Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-07-2026 Heard Mr. Jai Prakash Singh, learned counsel appearing on behalf of the petitioner; Mr. Ram Priya Sharan Singh, learned APP for the State and Mr. Babu Nandan Prasad, learned counsel for the informant.

2. The petitioner seeks pre-arrest bail in connection with Dinara P.S. Case No. 175 of 2026 registered for the offence(s) punishable under Sections 64,62 of the BNS and Section 4,18 of the POCSO Act.

3. As per the allegation made in the FIR, petitioner had allegedly sexually assaulted the minor granddaughter of the informant, who is aged about 6 years.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.46931 of 2026(2) dt.29-07-2026 2/3 petitioner submitted that petitioner is innocent and he is neighbour of the informant and due to previous enmity, by misusing the provision of POCSO Act, on the basis of false accusation, the petitioner has been roped in the present case. Petitioner denies all the allegation levlled against him in the FIR. Petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Mr. Babu Nandan Prasad, learned counsel, has tendered his appearance on behalf of the O.P. No.2 and submitted that the victim is aged about 6 years and she was forcibly taken by the petitioner and when people surrounded him, he became unsuccessful to commit the offence. The mandate of the Act is to protect child from sexual abuse and as such, the petitioner don't deserve to be released on pre-arrest bail.

6. Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.

7. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, in which it has been alleged that the victim is 6 years old and petitioner in intoxicated state of mind had forcibly taken her to commit sexual assault but he became unsuccessful, I find

Patna High Court CR. MISC. No.46931 of 2026(2) dt.29-07-2026 3/3 that the petitioner having involved not only in immoral act but he has applied his force to commit sexual assault with the minor granddaughter of the informant, I am not inclined to grant prearrest bail to the petitioner. Accordingly, the present bail application stands dismissed.

(Purnendu Singh, J) Sanjay/- U T