Created by Fuzzy Cloud

Patna High Court

Ramvilas PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the petitioner did not merit the privilege of bail in view of the serious nature of the offences and the forensic evidence.

Summary

The petitioner, Ramvilas Paswan, applied for bail in a case registered under Section 64(2)(k) of the Bihar Narcotic Substances Act and Sections 4 and 8 of the POCSO Act, alleging that he was falsely implicated in the alleged sexual assault of a mentally retarded 14‑year‑old girl. The prosecution presented a forensic report showing blood marks and semen, and the victim, being mentally retarded, could not answer questions under Section 183 of the BNSS during her statement. The petitioner argued that there were no marks of violence or rape on the victim and that he was innocent. The court examined the seriousness of the offences, the forensic evidence, and the victim’s inability to give a proper statement, concluding that the petitioner did not merit the privilege of bail. Consequently, the bail application was rejected.

Issues considered

  • Whether bail can be granted to an accused charged under Section 64(2)(k) of the Bihar Narcotic Substances Act and Sections 4 and 8 of the POCSO Act.
  • Whether the absence of visible injuries on the victim and the victim’s mental retardation affect the grant of bail.

Legislation cited

Subjects

  • bail
  • sexual assault
  • POCSO
  • mentally retarded victim
  • forensic evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51710 of 2025
                       Arising Out of PS. Case No.-49 Year-2025 Thana- SAKRI District- Madhubani
                 ======================================================
                 Ramvilas Paswan Son of Late Ramkhelawan Paswan R/O- Village- Maksuda
                 Bher Toli, P.S.- Sakri, District- Madhubani  ... ...      Petitioner/s


                                                       Versus
           1.    The State of Bihar
           2.    Gausiya Praveen Daughter of Md. Sah Alam Village- Maksuda Bertoli Ps-
                 Sakri, Dist- Madhubani                         ... ... Opposite Party/s


                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Adv.
                                                  Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :       Mr.Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   06-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Sakri

                   P.S. Case No. 49 of 2025 registered for the offence punishable

                   under Sections-64(2)(k) of BNS and 4/8 of POCSO Act.

                                 3. As per allegation, while after cutting crops from the

                   field, the informant returned her home, she found the petitioner

                   with her mentally retarded younger sister in objectionable

                   condition and when alarm was raised, he succeeded in fleeing

                   away.

                                 4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated
            Patna High Court CR. MISC. No.51710 of 2025(4) dt.06-01-2026
                                                        2/2




                      in this case. It has further been submitted that neither any mark

                      of violence nor any sign of rape was found on the person of the

                      victim. It has also been submitted that the victim did not reply

                      the answers, put by the court during course of recording her

                      statement under Section-183 of the BNSS.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. The F.S.L. report is available on the record which

                      shows that Ext. A/1 contains blood marks and semen. The

                      victim is aged about 14 years. Perusal of the remarks made by

                      the Magistrate during recording of the statement under Section-

                      183 of the BNSS shows that the victim is a mentally retarded

                      girl and that is why, she could not answer the questions, put by

                      the court during recording of her statement under Section-183 of

                      the BNSS.

                                   7. Considering the aforesaid facts and circumstances,

                      the petitioner does not deserve the privilege of bail and

                      accordingly, the same is rejected.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.