Patna High Court
Ramdas MistriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the alleged sexual assault of a minor warranted continued custody.
Summary
Ramdas Mistri, the father of a minor girl, was charged under Sections 376(2)(f) and 376A(b) of the Indian Penal Code and Section 6 of the POCSO Act for allegedly raping his daughter. He had been in judicial custody since 9 January 2024 and filed an application for regular bail before the Patna High Court. The prosecution contended that the allegations were grave, involving sexual assault of a child. The court examined the seriousness of the offences and the need to protect the minor victim. Considering the nature of the charges and the risk to the victim, the bench was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to an accused charged with rape of a minor under IPC and POCSO provisions.
Legislation cited
- Indian Penal Code — s. 376(2)(f), 376A(b)
- Protection of Children from Sexual Offences Act, 2012 — s. 6
Subjects
- bail
- rape
- child sexual abuse
- IPC
- POCSO
- high court
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29458 of 2026
Arising Out of PS. Case No.-14 Year-2024 Thana- RAHUI District- Nalanda
======================================================
Ramdas Mistri S/o Late Dinesh Mistri R/o Village - Amba, P.S. -
Bhaganvigaha O.P, District - Nalanda, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/O Y R/O Village- Amba, PS- Rahui, Bhaganvigaha O.P., Distt-
Nalanda, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Divya Kiran
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-06-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Rahui P.S. Case No. 14 of 2024 registered for the offence under
Sections 376(2)(f), 376(A)(B) of the Indian Penal Code and
under Section 6 of the POCSO Act.
3. As per the prosecution case, the petitioner, who is
the father of the minor victim, is said to have committed rape
with his daughter.
4. The petitioner is in custody since 9.1.2024.
5. In view of the serious allegations levelled against
the petitioner, this Court is not inclined to grant bail to the
petitioner.
Patna High Court CR. MISC. No.29458 of 2026(3) dt.25-06-2026
2/2
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
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