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Patna High Court

Ashutosh Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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