Patna High Court
Ram Ashish Das @ Ramshish DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail application was denied as the petitioner did not merit the privilege of bail.
Summary
The petitioner, Ram Ashish Das, was charged under IPC sections 366A, 363, 354(B), 354(D) and POCSO Act sections 8 and 12 for allegedly harassing a minor, circulating her photographs and forcibly taking her away. He applied for regular bail, claiming innocence and stating that the victim’s statement under Section 161 of the Cr.P.C. did not support the prosecution and that the victim was only 16‑17 years old with no rape allegation. The State argued that the victim’s statement under Section 164 of the Cr.P.C. fully corroborated the prosecution and that the trial was nearing its conclusion with all witnesses examined. The Court examined the seriousness of the offences, the victim’s corroborated statements and the stage of the trial. Concluding that the petitioner did not merit the privilege of bail, the Court rejected the bail application. The petition for bail was dismissed.
Issues considered
- Whether regular bail can be granted to an accused charged with kidnapping and sexual offences against a minor under IPC and POCSO Act.
- Whether the victim’s statements under Sections 161 and 164 of the Cr.P.C. and the stage of the trial justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 354(B), 354(D), 363, 366A
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- regular bail
- IPC
- POCSO Act
- kidnapping
- sexual assault
- minor
- Cr.P.C. sections 161 164
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37278 of 2025
Arising Out of PS. Case No.-104 Year-2024 Thana- LAUKAHA District- Madhubani
======================================================
Ram Ashish Das @ Ramshish Das son of Tej Narayan Das Village -Bhajnaha
PS- Laukaha District -Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Manish Kumar Sah son of Dorik Lal Sah Village -Bhajnaha PS- Laukaha
District -Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Laukaha P.S. Case No. 104 of 2024, G.R.
No. 97 of 2024, registered for the offences punishable under
Sections 366A, 363, 354(B),(D) of the IPC and 8, 12 of POCSO
Act.
3. As per the FIR, the informant’s minor daughter
was being harassed for the past six months by co-villager Ram
Ashish Das (the petitioner), who circulated her photographs.
Further, the petitioner along with some unknown persons,
forcibly took her away from her house.
Patna High Court CR. MISC. No.37278 of 2025(4) dt.05-01-2026
2/2
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The victim, in her statement recorded under Section
161 of the Cr.P.C., did not support the prosecution case. He has
submitted further that the age of the victim, as per the medical
report, is 16-17 years and there is no allegation of commission
of rape against the petitioner.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail and submitted that the
victim, in her statement recorded under Section 164 of the
Cr.P.C., has fully supported the prosecution case. He has also
submitted that all the prosecution witnesses have been examined
and the trial is on the verge of its conclusion.
6. Considering the above-mentioned facts and
circumstances, in my view, the petitioner doesn’t deserve the
privileges for bail. Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
kundan/-
U
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