Ashish Sharma @ Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66580 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S. District- Saharsa ====================================================== Ashish Sharma @ Ashish Kumar Son of Bijendra Sharma, R/o Village - Jhapra Tola, Ward no. 31, P.S. and Dist. - Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP Mr. Subesh Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Special POCSO Case No. 47 of 2025, arising out of Mahila P.S. Case No. 8 of 2025, dated 04.03.2025 registered for the offences punishable under Sections 126(2), 127(2), 74, 75, 78 and 87 read with Section 3(5) of the BNS and under Sections 8 and 12 of the POCSO Act.
3. As per the prosecution case, while the minor daughter of the informant was returning to home, the married petitioner and the co-accused person intercepted her and the petitioner forcibly put vermilion on forehead of the informant's
Patna High Court CR. MISC. No.66580 of 2025(4) dt.11-11-2025 2/3 daughter and the co-accused Ravi Kumar prepared a video and took photographs of the said act and they also misbehaved with the informant's daughter.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim girl in her statement recorded under Section 183 of the BNSS has not levelled the allegation of any sexual assault by the petitioner. There is no eyewitness to the alleged occurrence. The alleged occurrence took place on 22.02.2025, but the FIR has been lodged on 04.03.2025 after a delay of 12 days without giving any explanation for the said delay. The petitioner has got one criminal antecedent in which petitioner is on bail as stated in the supplementary affidavit annexed with the bail petition. The petitioner is in custody since 22.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.66580 of 2025(4) dt.11-11-2025 3/3 satisfaction of learned Special Judge, POCSO, Sahsarsa, in connection with Mahila P.S. Case No. 8 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shahnawaz/- U T