Patna High Court
Ramvilas PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 183, 64(2)(k)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
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
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