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Patna High Court

Ram Lakhan SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, dismissing the petitioner's application.

Summary

The petitioner, Ram Lakhan Singh, was charged under IPC section 376DA, IT Act section 67, and POCSO Act sections 4 and 6 for allegedly raping a minor and recording a video. He applied for regular bail, claiming innocence and that he was not named in the FIR, while the State argued that the victim identified him and a medical board confirmed evidence of intercourse with a victim aged 18. An earlier bail application had been rejected, and the petitioner highlighted that none of the seven prosecution witnesses had been examined. The Court, emphasizing the heinous nature of the allegations and the evidence presented by the prosecution, declined to grant bail and ordered the trial to be expedited. The order also directed the police to ensure witness attendance and clarified that its observations were prima facie and not a determination on the merits.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under IPC 376DA, IT Act 67, and POCSO Act 4 & 6.
  • Whether the victim's identification of the petitioner and medical evidence justify denial of bail.
  • Whether the delay in examination of prosecution witnesses impacts the bail decision.

Legislation cited

Subjects

  • regular bail
  • rape
  • POCSO
  • IT Act
  • heinous offence
  • trial expeditious
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26146 of 2026
                        Arising Out of PS. Case No.-490 Year-2023 Thana- KHAIRA District- Saran
                 ======================================================
                 Ram Lakhan Singh Son of Bhagirath Singh R/o Village - Korea, P.S. - Khaira,
                 District – Saran.
                                                                         ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar Bihar
           2.    XXX W/o YYY R/o Village - Korea, P.S. - Khaira, District - Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Chetna, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   21-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner seeks regular bail in connection with

                   Khaira P.S. Case No. 490 of 2023, registered under Sections

                   376DA of Indian Penal Code, section 67 of the I.T. Act and

                   section 4 and 6 of the POCSO Act.

                                3. Earlier, the prayer for bail of the petitioner was

                   rejected by a coordinate Bench of this Court vide order dated

                   22.08.2024 passed in Cr. Misc. No. 47203 of 2024 which reads

                   as under:-

                                                         “Heard learned counsel for the
                                              petitioner and learned A.P.P for the State.
                                                         2. The petitioner has preferred
                                              this application for grant of regular bail
                                              in connection with Khaira P.S. Case No.
                                              490 of 2023 dated 24.12.2023 registered
Patna High Court CR. MISC. No.26146 of 2026(2) dt.21-04-2026
                                            2/4




                                   for the offence/s punishable u/s 376 DA of
                                   the Indian Penal Code, sections 4 and 6 of
                                   the POCSO Act and section 67 of the I.T.
                                   Act.
                                                  3. As per the prosecution case,
                                   the co-accused persons are alleged to
                                   have committed rape on the informant's
                                   grand- daughter and made a video of it
                                   and threatened to make the same viral.
                                                  4. Learned counsel for the
                                   petitioner has submitted that the petitioner
                                   is     innocent      and     has   falsely   been
                                   implicated in this case. The petitioner is
                                   not named in the F.I.R. There was love
                                   affair between the victim and one co-
                                   accused Mithilesh Kumar. The bail of the
                                   similar        situated     co-accused,   namely,
                                   Rajan Kumar has already been rejected by
                                   this court vide order dated 01.05.2024
                                   passed in Cr. Misc. No. 31343 of 2024.
                                   The petitioner has one antecedent as
                                   stated in para 3 of the bail petition. The
                                   petitioner is in custody since 29.12.2023.
                                                  5. Learned A.P.P. for the State
                                   has vehemently opposed the bail petition
                                   of the petitioner and submitted that the
                                   victim has disclosed the name of the
                                   petitioner in her statement recorded u/s
                                   161 and 164 of the Cr. P.C. It is further
                                   submitted that the medical board assessed
Patna High Court CR. MISC. No.26146 of 2026(2) dt.21-04-2026
                                            3/4




                                   the age of the victim as 18 years. It is
                                   further submitted that the medical board
                                   reveals that there is strong evidence of
                                   intercourse with the victim within five to
                                   seven days.
                                                  6. Considering the aforesaid
                                   facts and circumstances of the case as
                                   well as the heinous nature of allegation
                                   against the petitioner, I am not inclined to
                                   enlarge the petitioner on bail.
                                                  7.   Learned    Trial   Court   is
                                   directed to expedite the trial and conclude
                                   the same preferably at the earliest.
                                                  8.   The     application   stands
                                   rejected.”
                       4. Learned counsel for the petitioner submits that the

          charges have been framed on 10.09.2025 but none of the seven

          prosecution witnesses have been examined in the court below

          till 26.02.2026.

                       5. Learned A.P.P. for the State has opposed the prayer

          for bail.

                       6. Considering the gravity of the offence, I am not

          inclined to grant bail to the petitioner, this application is

          dismissed.

                       7. The Superintendent of Police, Saran is directed to

          ensure the attendance of the witnesses in the trial and the
            Patna High Court CR. MISC. No.26146 of 2026(2) dt.21-04-2026
                                                        4/4




                      learned Special Judge, POCSO, Saran, Chapra is directed to

                      expedite the trial at the earliest.

                                   8. Let a copy of this order be sent to the

                      Superintendent of Police, Saran at Chapra through FAX for its

                      forthwith compliance.

                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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