Suresh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89712 of 2025 Arising Out of PS. Case No.-457 Year-2025 Thana- MASAUDHI District- Patna ====================================================== Suresh Saw Son of Late Vijay Saw @ Late Vinay Saw Resident of VillageGangachak, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

XYZ Wife of Navin Saw Resident of Village- Gangachak, P.S.- Masaurhi, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 127(2) and 76 of B.N.S. and Sections 8 and 12 of POCSO Act.

3. The case of the prosecution is that the petitioner entered in the house of the informant at 10:45 PM while, the informant and her daughter were sleeping. It is alleged that the daughter of the informant who is minor and dumb, the petitioner started teasing her. She could not raise alarm. Anyhow, the informant woke up and saw that the petitioner is teasing her daughter.

Patna High Court CR. MISC. No.89712 of 2025(3) dt.15-01-2026 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that petitioner is next door neighbour of the informant. From perusal of the order of the learned trial court, it is clear that statement of the victim was recorded under Sections 180 and 183 of B.N.S.S. wherein she has stated that the petitioner has teased her. Moreover, the petitioner is languishing in judicial custody since 08.06.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mashaurhi P.S. Case No. 457 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-cum-Special Judge, POCSO, Patna. (Ashok Kumar Pandey, J) Shubham/- U T