Patna High Court
Ram Lal DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted at this stage due to the seriousness of the offences.
Summary
The appellant, Ram Lal Das, appealed against the order of the Exclusive Special Judge that denied his bail application in a case alleging rape of a mentally challenged girl, video recording of the act, and its circulation. The charges were framed under Sections 126(2), 64(2), 70(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 67 and 67(A) of the Information Technology Act, and Sections 3(1)(w) and 3(2)(v) of the SC/ST Act. The appellant contended that he was falsely implicated, had no criminal antecedent, and that no caste name was used publicly, thus no SC/ST offence. The State and the informant argued that the FIR was corroborated by a statement under Section 183 of the BNSS and that the offences were grave, involving rape of a vulnerable victim and dissemination of a pornographic video. Considering the seriousness of the allegations and the appellant's custody since April 2025, the High Court refused bail and dismissed the appeal.
Issues considered
- Whether bail should be granted to the accused under the BNSS, IT Act and SC/ST Act given the nature and gravity of the alleged offences.
- Whether the appellant's alleged conduct falls within the ambit of the SC/ST Act, specifically the use of caste name in public.
- Whether the seriousness of the alleged rape and video circulation justifies denial of bail at the interim stage.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 183, 64(2), 70(1)
- Information Technology Act — s. 67, 67(A)
- SC/ST Act — s. 3(1)(w), 3(2)(v)
Subjects
- bail
- rape
- SC/ST Act
- Information Technology Act
- video pornography
- criminal procedure
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3891 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Ram Lal Das S/O Sagar Das R/O Village- Kaderabad, P.S.- Bachhwara,
District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Amar Paswan S/O Late Laxman Paswan R/O Village- Kaderabad, P.S.-
Bachhwara, District- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satish Kumar Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Randhir Kumar No. 1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 08.07.2025 passed by learned Court of
Exclusive Special Judge, SC/ST Act, Begusarai whereby the
prayer for bail of the appellant in connection with Bachhwara
P.S. Case No. 144 of 2025 under Sections 126(2), 64(2), 70(1)
of the Bharatiya Nyaya Sanhita, 2023, Sections 67, 67(A) of the
Information Technology Act and Sections 3(1)(w), 3(2)(v) of
SC/ST Act was rejected.
3. The allegation against the accused persons is of
Patna High Court CR. APP (SJ) No.3891 of 2025(4) dt.22-01-2026
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committing rape upon the informant’s daughter and also of
making a video of the incident and circulating the same.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Learned counsel for the appellant submitted that the appellant is
innocent and has not committed any offence as alleged in the
FIR and has falsely been implicated in the present case. Learned
counsel for the appellant submitted that general and omnibus
allegation has been made against the appellant. Learned counsel
for the appellant further submits that the appellant has not taken
the caste name of the informant in public view, hence, no
offence under the provisions of SC/ST Act is made out against
him. The appellant has no intention to disgrace the image of the
informant in public view. It has been submitted on behalf of the
appellant that the appellant is in custody since 28.04.2025 and
has no criminal antecedent.
5. Learned S.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the appellant. Learned SPP further submitted that aunt of the
victim in her statement recorded under Section 183 of the BNSS
has corroborated the contents of the FIR. Learned SPP and
learned counsel for the informant jointly submitted that the
Patna High Court CR. APP (SJ) No.3891 of 2025(4) dt.22-01-2026
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allegations against the accused persons including the appellant
are grave in nature, involving rape of a mentally challenged girl
and preparation and circulation of a video of the incident, and
therefore the appellant does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances
of the case as also the nature and gravity of offence, this Court
is not inclined to grant bail to the appellant at this stage.
7. Accordingly, the present appeal is dismissed.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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