Patna High Court
Ravishankar Kumar @ Ravishankar Mahto KharwarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant bail, dismissing the petitioner's application.
Summary
The petitioner, Ravishankar Kumar, was charged under IPC sections 376 (rape) and 506 (criminal intimidation) and POCSO Act sections 6 and 8 for allegedly sexually abusing the informant's minor daughter over six years after reneging on a marriage promise. He has been in custody since 16 June 2024 and filed a second application for regular bail while the trial was nearing completion. The prosecution presented a trial‑judge report showing that all witnesses had been examined and the defence sought cross‑examination under CrPC section 311. The High Court noted the seriousness of the offences and the proximity of trial conclusion, and consequently refused to grant bail. The bail application was dismissed.
Issues considered
- Whether regular bail should be granted to an accused of rape and child sexual abuse when the trial is close to completion
Legislation cited
- Criminal Procedure Code — s. 311
- Indian Penal Code — s. 376, 506
- Protection of Children from Sexual Offences Act — s. 6, 8
Subjects
- bail
- rape
- child sexual abuse
- POCSO
- criminal intimidation
- trial completion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67620 of 2025
Arising Out of PS. Case No.-212 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
Ravishankar Kumar @ Ravishankar Mahto Kharwar S/o Late Suresh Mahto
Kharwar @ Late Suresh Mahto R/o vill- Balua Rampurwa, ward no. 15, P.S.-
Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X S/o Late Ramadhar Mahto R/o vill - Balua Rampurwa, ward no. 15, P.S.-
Bairiya, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Brajendra Nath Pandey
For the Informant : Mr. Manaur Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 14-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Bairiya P.S. Case No. 212 of
2024 registered for the offence under Sections 376, 506 of the
Indian Penal Code and under Sections 6 and 8 of the POCSO
Act.
3. As per the prosecution case, the petitioner had been
abusing sexually the informant’s minor daughter on the pretext
of marriage for six years and when the informant told the
petitioner to marry her, he resiled from the promise of marriage
and have abused the informant’s daughter.
4. The petitioner is in custody since 16.06.2024.
Patna High Court CR. MISC. No.67620 of 2025(7) dt.14-05-2026
2/2
5. From the perusal of the report of the trial Judge
concerned, it appears that all the witnesses have been examined
in the trial and an application has been filed by the defence
under Section 311 of Cr.P.C. for cross-examination of the
witness(s).
6. In view of the fact that the trial is on the verge of
completion, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
Vikas/-
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