Patna High Court
Rameshwar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Rameshwar Rai, aged about 76, was arrested in connection with a case registered under Buxar Town Police Station (Case No. 308 of 2025) for alleged sexual assault offences under several sections of the BNS Act and sections 8 and 12 of the POCSO Act. The prosecution alleged that on 06-06-2025 the co‑accused lured a victim to a hotel, left her with the petitioner who then drugged her drink and attempted sexual assault. The petitioner pleaded innocence, arguing that the victim, a YouTuber, had come to the hotel voluntarily and that no force or violence was used, and highlighted his advanced age and custodial detention since 07-06-2025. The State opposed the bail application, contending the seriousness of the offences under the POCSO Act. The court, after considering the facts, the petitioner’s age, the lack of evidence of force, and the principle of regular bail, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial. The order was directed to be complied with by the Special Judge, POCSO, Buxar.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving offences under the BNS Act and the POCSO Act
- Whether the petitioner’s age, alleged innocence, and the nature of the alleged conduct justify bail despite the seriousness of the charges
Legislation cited
Subjects
- regular bail
- POCSO Act
- sexual assault
- age of accused
- bail jurisprudence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65988 of 2025
Arising Out of PS. Case No.-308 Year-2025 Thana- BUXAR District- Buxar
======================================================
Rameshwar Rai Son of Late Kapildev Rai Village -Taranpur PS- Rajpur Distt
-Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushila Kumari @ Sandhya Kumari Daughter of Narsingh chauhan Resident
of village - Kochas, Ps- Kochas, Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the State : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Buxar Town P.S. Case No. 308 of 2025, registered
for the offences punishable under Sections 127(2), 115(2), 117(2),
109, 64, 62, 74, 75, 76, 3(5) of the BNS and 8 and 12 of POCSO Act.
3. As per the prosecution case, on 06.06.2025, co-
accused, Hari Narayan lured the informant to a hotel room under the
pretext of staying at his son’s house. He left her alone with the
petitioner who drugged her drink and tried to sexually assault her.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that fardbeyan itself shows
Patna High Court CR. MISC. No.65988 of 2025(3) dt.08-01-2026
2/2
that the informant (the victim) was a youtuber and she used to
prepare reel. The FIR itself shows that she came to the hotel herself
and no force or violence was used. It has further been submitted that
the petitioner is an old person aged about 76 years and is in custody
since 07.06.2025.
5. On the other hand, learned APP for the State opposed
the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Special Judge, POCSO,
Buxar in connection with Buxar Town P.S. Case No. 308 of 2025,
subject to the condition that the petitioner shall cooperate in the
disposal of trial and make himself available as and when required by
the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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