Patna High Court
Ashutosh Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Petitioner Ashutosh Kumar Ram sought anticipatory bail after a FIR was lodged alleging that he had repeatedly molested the minor daughter of an informant, recorded the act on video, and threatened the informant. The charges were under several sections of the Bharatiya Nyaya Sanhita (including 126(2), 115(2), 351(2), 352, 74, 75(1), 3(5)) and Sections 8 and 12 of the Protection of Children from Sexual Offences Act. The petitioner claimed innocence, alleging that the case was fabricated due to a prior drainage dispute. The State and the informant opposed bail, relying on the victim’s statement recorded under Section 183 of the BNYS. Considering the seriousness of the allegations and the victim’s recorded statement, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious sexual offence allegations and the victim's statement under Section 183 BNYS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 183, 3(5), 351(2), 352, 74, 75(1)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- sexual offences
- minor
- BNYS
- POCSO
- false implication
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4469 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Ashutosh Kumar Ram S/O Krishna Ram R/O Village- Nikhati Kala, P.S-
Raghunathpur, Distt.- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anita Devi W/O Vishram Ram R/O Village- Nikhati Kala, P.S-
Raghunathpur, Distt.- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
For the O.P. No. 2 : Mr. Amarendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Raghunathpur P. S.
Case No. 226 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 351(2), 352, 74, 75(1), 3(5) of
the Bharatiya Nyaya Sanhita and Sections 8, 12 of the
Protection of Children from Sexual Offences Act.
3. It is alleged that this petitioner used to molest the
minor daughter of informant for years, established physical
relation with her and made video of the incident and when
informant went to complaint, all the F.I.R. named accused
persons assaulted informant and threatened to make the video
Patna High Court CR. MISC. No.4469 of 2026(3) dt.06-04-2026
2/2
viral.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case due to previous dispute
regarding the drainage.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application. Victim in her statement recorded under Section 183
BNSS has supported the prosecution case. Victim is minor.
6. Considering the nature and seriousness of
accusation and statement of the victim recorded under Section
183 BNSS, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…