Patna High Court
Ram Prasad Choudhary @ Polae ChoudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Ram Prasad Choudhary, was arrested on 22 July 2025 in connection with a case alleging that he molested a nine‑year‑old girl by offering chocolate, taking her to his room, touching her private parts, attempting to remove her clothes and threatening her. The prosecution charged him under several sections of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act, 2012. The petitioner claimed a clean record and alleged political victimisation, seeking bail. The State and the informant opposed bail, relying on the victim’s statement recorded under Section 164 of the Criminal Procedure Code. The court, noting the specific and serious nature of the allegations against a minor, declined to grant bail.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged molestation of a minor under the POCSO Act and related statutes.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 351(2), 74, 76
- Code of Criminal Procedure, 1973 — s. 164
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 12, 8
Subjects
- bail
- POCSO
- child sexual abuse
- minor
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16168 of 2026
Arising Out of PS. Case No.-407 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
Ram Prasad Choudhary @ Polae Choudhary S/o Late Baleshwar Choudhary
R/o Village - Pirapur, P.S - Jandaha, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/o Shri Dhiraj Kumar R/o Village - Pirapur, P.S - Jandaha, District -
Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Informant : Mr. Sabal Kumar Jha, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Rajesh Ranjan, learned counsel for the
petitioner, Mr. Sabal Kumar Jha, learned counsel for the
Informant and Mr. Umeshanand Pandit, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
22.07.2025, in connection with Jandaha P.S. Case No. 407 of
2024, F.I.R. dated 09.11.2024 registered for the offences
punishable under Sections 126(2), 115(2), 74, 76, 351(2) of the
B.N.S., 2023 and Sections 8 and 12 of the POCSO Act, 2012.
3. The prosecution case, in brief, is that on
06.11.2024 at about 05:00 P.M. the minor daughter of the
informant aged about 09 years of old was induced by providing
Patna High Court CR. MISC. No.16168 of 2026(2) dt.12-03-2026
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a chocolate by the accused petitioner and he took her in his
room with bad intention and molested her by touching her
private part inappropriately and also attempted to remove her
clothes and when her daughter protested him then he threatened
her to be killed.
4. Learned counsel for the petitioner submits that
the petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
and due to village politics the petitioner has been falsely
implicated in the present case.
5. Learned counsel for the Informant as well as
learned APP for the State, on the other hand, vehemently
opposed the prayer for bail of the petitioner and submits that the
statement of the victim was recorded under Section 164 of the
Cr. P.C./183 of the B.N.S.S. in which she has fully supported the
case of the prosecution and apart from aforesaid the age of the
victim is about 09 years of old.
6. Considering the aforesaid facts and circumstances
of the case and there is specific and direct allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
Patna High Court CR. MISC. No.16168 of 2026(2) dt.12-03-2026
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connection with Jandaha P.S. Case No. 407 of 2024 pending in
the Court of learned Additional District & Sessions Judge-VI-
cum-Special Judge, POCSO, Vaishali at Hajipur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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