Patna High Court
BINOD RAMversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release upon furnishing a bond with sureties.
Summary
The petitioner, Binod Ram, was arrested in connection with a case alleging kidnapping and rape of a minor, charged under Sections 64, 83 and 3(5) of the Bihar Narcotic Substances (BNSS) Act, 2023 and Sections 4 and 12 of the POCSO Act. The prosecution alleged that the petitioner assisted the main accused, Mithilesh Ram, in the offence. The petitioner contended that he is innocent, has no criminal antecedent, and was falsely implicated, asserting that he is only a cousin‑uncle of the main accused and had no role in the crime. The victim’s statement under Section 183 of the BNSS Act was recorded, but it did not implicate the petitioner. After hearing both sides, the court found insufficient material to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the BNSS Act and the POCSO Act.
- Whether there is sufficient evidence linking the petitioner to the alleged kidnapping and rape.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 183, 3(5), 64, 83
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 4
Subjects
- bail
- kidnapping
- rape
- child sexual offence
- POCSO Act
- BNSS Act
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23030 of 2026
Arising Out of PS. Case No.-32 Year-2025 Thana- MAHILA P.S. District- Madhepura
======================================================
BINOD RAM S/o- Late Awadh Ram R/v- Chikni Khad W.No-12, Ps-
Gamhariya Dist- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- YYY R/v- Chikni Khad W.No-12, Ps- Gamhariya Dist-
Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Madhepura Mahila P.S. Case No. 32 of 2025 registered for
the offence punishable under Sections 64, 83 and 3(5) of the
B.N.S., 2023 and Section 4/12 of the POCSO Act.
3. The case of the prosecution, in short, is that one
Mithilesh Ram has kidnapped the minor daughter of the
informant and has committed rape with her. It is alleged that the
petitioner, along with others, was present there and was assisting
the main accused, Mithilesh Ram.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23030 of 2026(4) dt.29-06-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During the course of the investigation, the victim has
given her statement recorded under Section 183 of the BNSS,
wherein she has stated that Mithilesh Ram has taken her to his
house, where his family members were there. As the victim
arrived at the house of Mithilesh Ram, the family members fled
away. It is further alleged that Mithilesh Ram forcefully put
vermilion on her head and also committed rape. Learned
counsel for the petitioner further submits that the petitioner is
the cousin-uncle of Mithilesh Ram and that the main thrust of
the allegation is against Mithilesh Ram. There is no role of this
petitioner in the said occurrence. Moreover, a statement has
been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 14.01.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.23030 of 2026(4) dt.29-06-2026
3/3
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-VI-cum-Special Judge, POCSO
Act, Madhepura in connection with Madhepura Mahila P.S.
Case No. 32 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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