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Patna High Court

Ram Deo RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted in the present circumstances and dismissed the bail application.

Summary

Ram Deo Rai, the petitioner, was arrested in connection with a case involving the rape and murder of a 12‑year‑old girl. He is charged under Sections 65(1) and 103(1) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. The petitioner filed an application for regular bail, claiming that DNA test results are pending and that the trial outcome may depend on scientific evidence. The prosecution, represented by the State and an informant, opposed the bail on the ground of the seriousness of the offence and the petitioner’s self‑inculpatory statement. The Patna High Court, after considering the nature of the allegations and the material on record, refused to grant bail and dismissed the application, clarifying that its observations are limited to the bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether regular bail can be granted to an accused who has made a self‑inculpatory statement in a case of rape and murder of a minor under the POCSO Act and the Bihar Narcotic Substances Act.

Legislation cited

Subjects

  • regular bail
  • POCSO Act
  • rape
  • murder
  • self‑inculpatory statement
  • DNA evidence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21616 of 2026
                      Arising Out of PS. Case No.-427 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Ram Deo Rai S/o Late Awadh Bihari Rai R/o Village- Taraon, PS- Nasriganj,
                 Distt.- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ R/o vill - Taraon, P.S.- Nasriganj, Distt.- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar
                 For the Opposite Party/s :       Mr.Md. Anzarul Haque Sahara
                 For the Informant        :       Mr. Ashutosh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                     Heard the parties.

                                    2. The petitioner seeks regular bail in connection

                   with Nasriganj P.s. Case No. 427 of 2025 registered for the

                   offence under Sections 65(1), 103(1) of BNS and under Sections

                   4/6 of the POCSO Act.

                                   3. As per the prosecution case, a 12 year old girl

                   child was raped and murdered by unknown accused persons.

                   The petitioner has been arrested during investigation and he has

                   given his self-inculpatory statement that he has committed the

                   crime.

                                   4. The petitioner is in custody since 17.12.2025 and

                   it has been submitted by the learned counsel for the petitioner

                   that the DNA test etc. are going on and the case may be decided
          Patna High Court CR. MISC. No.21616 of 2026(2) dt.07-04-2026
                                                      2/2




                    after the scientific evidence comes.

                                    5.    Learned counsel for the informant and State

                    have opposed the prayer of the learned counsel for the

                    petitioner.

                                    6. Considering the nature of allegation levelled

                    against the petitioner and the materials available on record, this

                    Court is not inclined to grant bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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