Patna High Court

Ramayan yadavversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Ramayan Yadav was arrested in connection with a case alleging molestation of a minor and threats to kill, charged under Sections 75, 351(3), 352 of the BNS, Sections 8 and 12 of the POCSO Act, and Sections 3(i)(r) and 3(i)(s) of the SC/ST (POA) Act. The petitioner claimed he was falsely implicated due to a land dispute with the informant and argued that the victim's statement recorded under Section 183 of the BNSS did not allege sexual assault, only that he had "dashed" the girl. He had been in custody since 28‑08‑2025. The State opposed bail, citing the seriousness of the offences. The court, after considering the facts and the victim's statement, ordered the release of the petitioner on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.

Issues considered

Whether regular bail should be granted in a case involving offences under the POCSO Act and SC/ST (POA) Act.
Whether the victim's statement under Section 183 of the BNSS negates the allegation of sexual assault.
Whether the petitioner poses a flight risk or risk of tampering with evidence.

Legislation cited

BNS — s. 351(3), 352, 75
BNSS — s. 183
POCSO Act — s. 12, 8

Subjects

bail
POCSO
sexual assault
false implication
land dispute
SC/ST (POA) Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69800 of 2025
                   Arising Out of PS. Case No.-108 Year-2025 Thana- BHITAHA District- West Champaran
                 ======================================================
                 Ramayan yadav Son of Late Gena Yadav Resident Of Village- Jamuniya
                 Khaira Tola Ps -Bhitaha District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X son of Late Chandrika Ram Resident Of Village- Jamuniya Sudagir Tola
                 Ps -Bhitaha District- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey
                 For the State            :       Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   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 Bhitaha P.S. Case No. 108 of 2025, registered for the

                   offences punishable under Sections 75, 351(3), 352 of the BNS, 8

                   and 12 of POCSO Act and Sections 3(i)(r), 3(i)(s) of SC/ST (POA)

                   Act.

                                    3. As per the prosecution case, on 11.08.2025, when

                   informant’s daughter was going to school, the petitioner molested

                   her. When informant went to petitioner’s house to enquire about the

                   matter, he threatened the informant to kill.

                                  4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the
             Patna High Court CR. MISC. No.69800 of 2025(4) dt.08-01-2026
                                                         2/2




                       present case. As a matter of fact, the land of the petitioner is

                       adjoining to the informant’s house and the informant was making

                       pressure to transfer his land in his favour to which he denied and this

                       is the reason, he has falsely been implicated in this case. The

                       statement of victim has been recorded under Section 183 of the

                       BNSS and the statement shows that there is no allegation of sexual

                       assault. The only allegation against the petitioner is that he dashed

                       her when she was going to school. The petitioner is in custody since

                       28.08.2025.

                                    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 District and Additional

                       Sessions Judge-7th-cum-Special Judge, POCSO, Bettiah, West

                       Champaran in connection with Bhitaha P.S. Case No. 108 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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