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Patna High Court

Ravi Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail as a prima facie case for bail exists.

Summary

Ravi Ranjan Kumar, a 22‑year‑old, was charged under multiple provisions of the BNS, the POCSO Act and the SC/ST Act for alleged sexual offences against the informant's daughter and for using his caste name in public. The victim’s statement recorded under Section 183 of the BNSS identified the place of occurrence as a "Dalan" behind the petitioner’s house, while the investigating officer recorded it as a "Gaushala" also behind the house, creating a material contradiction. The informant claimed to have witnessed the incident, but the court found his eye‑witness claim doubtful in view of the conflicting statements. The petitioner asserted innocence, clean antecedents and alleged false implication arising from a family dispute. After weighing the contradictory evidence, the court concluded that a prima facie case for bail existed and ordered the release of the petitioner on pre‑arrest bail subject to conditions.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite allegations under the POCSO, SC/ST and BNS statutes.
  • Whether the contradictions in the victim’s and informant’s statements negate the necessity of custodial detention.

Legislation cited

Subjects

  • pre‑arrest bail
  • POCSO
  • sexual offences
  • SC/ST Act
  • contradictory evidence
  • Section 482
  • minor victim
  • caste‑based allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63415 of 2025
                     Arising Out of PS. Case No.-237 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Ravi Ranjan Kumar S/o Dhodho Yadav R/o Village - Patut, P.O + PS - Rani
                 Talab, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sanjay Ram Son of Late Chhathu Mochi Resident of Village- Patut, P.S.
                 Rani Talab, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Muskan Singh, Advocate
                 For the informant        :       Mr.Pushpendra Priyadarshi, Advocate
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh, App

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER


4   11-02-2026                    Heard Ms. Muskan Singh, learned counsel appearing

                   on behalf of the petitioner and Mr. Jitendra Kumar Singh,

                   learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Special POCSO Case No.179/2025 arising out Rani Talab

                   P.S.Case No.237 of 2025 passed in ABP No.3065 of 2025,

                   registered for the offences punishable under Sections 74, 75,

                   352, 351(2), 351(3) of BNS and Sections 8 and 12 of POCSO

                   Act and Section 3(i)(r)(s)(w) & Section 3(2)(va) of SC/ST Act.

                                3. As per the allegation made in the FIR, the petitioner
Patna High Court CR. MISC. No.63415 of 2025(4) dt.11-02-2026
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          allegedly committed wrong with the daughter of the informant

          and has also used his caste name in the public place.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent, aged about

          22 years and has not committed the offence as alleged in the

          FIR. It is further submitted that the petitioner has been falsely

          implicated in the present case due to a family dispute with the

          informant and his father. The petitioner has clean antecedent and

          he has never been involved in any criminal case. On these

          grounds, the petitioner seeks to be released on pre-arrest bail.

                       5. Mr. Pushpendra Priyadarshi has tendered his

          appearance on behalf of the informant and submitted that the

          allegation made in the FIR is supported by the statement of the

          victim recorded under Section 183 of BNSS, wherein she has

          stated the manner in which the incident took place and the

          wrong was committed with her by the petitioner, as such, the

          petitioner does not deserve to be released on pre-arrest bail.

                       6. Mr. Jitendra Kumar Singh, learned APP for the

          State, referring to paragraph no. 6 of the case diary, submitted

          that during the course of investigation, the Investigating Officer

          has found that the place of occurrence is the ‘Gaushala’. He

          further submitted with reference to the statement of the victim
Patna High Court CR. MISC. No.63415 of 2025(4) dt.11-02-2026
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          girl recorded under Section 183 of the BNSS that the victim has

          supported the prosecution case regarding the incident. The

          victim girl in her statement has stated the place of occurrence

          ‘Dalan’.

                       7.Having considered the rival submissions made on

          behalf of the parties and upon perusal of the allegations made in

          the FIR, the statement of the victim recorded under Section 183

          of the BNSS, as well as, the materials that have surfaced during

          the course of investigation, this Court finds that the

          Investigating Officer has identified the place of occurrence as a

          “Gaushala,” as recorded in paragraph no. 6 of the case diary

          and in response to a specific query made by this Court regarding

          the exact location of the alleged place of occurrence, it was

          clarified that the said Gaushala is situated behind the house of

          the petitioner and is covered by a curtain, preventing visibility

          from outside but the victim girl in her statement recorded under

          Section 183         of BNSS has stated the place of occurrence

          ‘Dalan’, as well as, there appears to be a material contradiction

          with respect to the allegation of the informant, who claims to

          have witnessed the incident with his open eyes. However, the

          statement of the victim recorded before the learned Judicial

          Magistrate indicates that the Dalan is located behind the house,
Patna High Court CR. MISC. No.63415 of 2025(4) dt.11-02-2026
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          covered by a curtain and nothing is visible from outside. In such

          circumstances, the statement of the informant being the eye

          witness becomes doubtful.

                       8. Considering the aforesaid facts and circumstances

          and further taking into account the contradiction in the

          statement of the victim, informant and the petitioner, who is

          aged about 22 years, this Court is of the view that the petitioner

          has been able to make out a prima facie case for grant of pre-

          arrest bail.

                       9. The learned district court is directed to release the

          petitioner on pre-arrest bail, in the event of his arrest or

          surrender before the learned district court within a period of

          four weeks from today, on furnishing bail bond of Rs.10,000/-

          (Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge-

          VII cum Exclusive Special Judge, POCSO, Patna/concerned

          court, in connection with Special POCSO Case No.179/2025

          arising out of Rani Talab P.S.Case No.237 of 2025, subject to

          conditions as laid down under Section 482(2) of BNSS of 2023.

                       10. The learned district court is directed to verify the

          criminal antecedent of the petitioner and if it is found that the

          petitioner is involved in some other cases as what has been
            Patna High Court CR. MISC. No.63415 of 2025(4) dt.11-02-2026
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                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.


                                                                  (Purnendu Singh, J)
chn/-
U       T


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