Patna High Court
Rameshwar Sah @ Rameshwar Sah GondversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail application was denied.
Summary
The petitioner, Rameshwar Sah, a government teacher, was charged under Sections 76 and 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6 and 8 of the POCSO Act for allegedly committing sexual assault on a ten‑year‑old girl, the daughter of an informant, in a school room. He applied for bail, claiming innocence and alleging that he was beaten and injured. The informant’s counsel countered that the victim’s statement recorded under Section 183 of the BNSS corroborated the assault. After considering the allegations and the victim’s statement, the court found that the seriousness of the charges and the risk of tampering with evidence warranted denial of bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the petitioner charged under the BNSS and POCSO Act for alleged sexual assault on a minor
- Whether the presence of a victim’s statement under Section 183 BNSS justifies denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 64, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6, 8
Subjects
- bail
- sexual assault
- child protection
- POCSO Act
- Bharatiya Nyaya Sanhita
- government teacher
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68894 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Rameshwar Sah @ Rameshwar Sah Gond S/o Yogilal Sah R/o Village -
Sikatiya, P.S - Maharajganj, District - Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arati Devi W/o Ravindra Mahto R/o Village - Kapiya Jagir, P.S -
Maharajganj, District - Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pre.
Trial No. 1792 of 2025 arising out of Maharajganj P.S. Case No.
332 of 2025 registered for the offence punishable under
Sections-76 & 64 of the Bharatiya Nyaya Sanhita, 2023 and
Sections-4, 6 & 8 of the POCSO Act.
3. As per allegation, the petitioner who is a
government teacher, was found committing illegal act in the
school room with the minor daughter of the informant.
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.68894 of 2025(3) dt.06-01-2026
2/2
in this case. He is a government teacher. He was beaten as a
result of which, he suffered injuries.
5. On the other hand, learned counsel for the
informant has submitted that the petitioner has committed
sexual assault on 10 years old girl, who was his student and in
her statement recorded under Section-183 of BNSS, the victim
has corroborated the allegation.
6. 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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