Patna High Court
Ravi Kumar @ Ravi DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions of personal appearance.
Summary
Ravi Kumar was arrested in connection with allegations that he attempted to outrage the modesty of the informant's daughter and assaulted the informant with an iron rod, offences charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the POCSO Act. The petitioner contended that the case arose from a neighbourly dispute over drainage, that prior altercations existed, and that the present complaint was false, citing contradictions in the victim's statements and the absence of any prosecution witnesses since his custody began on 13 October 2024. The State opposed bail, relying on the FIR allegations. The Court noted the lack of substantive injury evidence, the maximum three‑year punishment for the POCSO charge, and the failure of the prosecution to produce witnesses after charge‑framing. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to his physical presence in court on every trial date.
Issues considered
- Whether bail should be granted to the accused in offences under the Bharatiya Nyaya Sanhita and POCSO Act given the nature of the allegations and the evidentiary record.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 329(4), 3(5), 352, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12
Subjects
- bail
- criminal procedure
- sexual offences
- assault
- POCSO Act
- Bharatiya Nyaya Sanhita
- false allegations
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70508 of 2025
Arising Out of PS. Case No.-117 Year-2024 Thana- Manikpur District- Lakhisarai
======================================================
Ravi Kumar @ Ravi Das S/o- Hari Das Village- Moula Nagar PS- Manikpur
Dist- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Manju Devi W/o- Sunil Ram R/v- Maula Nagar Ps- Manikpur Dist-
Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and
learned APP for the State. Notices have already been validly
served while the informant has chosen not to appear in the
present proceedings.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 115, 352, 76, 109,
329(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
12 of the POCSO Act.
3. As per the prosecution case, when the
informant's daughter was bathing in the courtyard then the
petitioner entered the house and tried to outrage her modesty. It
is further alleged that the petitioner has assaulted the informant
Patna High Court CR. MISC. No.70508 of 2025(4) dt.10-02-2026
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with iron rod causing injury to her.
4. Learned counsel for the petitioner submits that
the petitioner and the informant’s side are neigbours and on
account of a dispute with regard to drainage system there used
to be earlier quarrel between them and the First Information
Report also indicates that earlier also there had been instances
of physical altercation and hurling of abuses between them. It
is submitted that on account of such dispute a false case under
some provisions of B.N.S. as also under Section 12 of the
POCSO Act has been instituted with some false allegation of
disrobing etc.. It has further been submitted that there is a
contradiction in the statements of the victim recorded under
Sections 180 and 183 of the B.N.S.S. on the point of mother’s
presence during the occurrence. Further, the petitioner is in
custody since 13.10.2024 and charges have already been
framed, however, till date no witness has turned up to support
the prosecution case, as such, there is no likelihood of
conclusion of trial in near future.
5. Learned APP for the State opposed the bail on
the basis of allegations made in the First Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is no injury
Patna High Court CR. MISC. No.70508 of 2025(4) dt.10-02-2026
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report to substantiate the case under Section 109 of the B.N.S.
and Section 12 of the POCSO Act entails a maximum
punishment of three years, coupled with the fact that the
petitioner is in custody since 13.10.2025 and after framing of
charges, no witness has been produced on behalf of the
prosecution, let the above named petitioner, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District & Additonal Sessions Judge-VIth-cum-
Special Judge, POCSO, Lakhisarai/concerned Court below in
connection with Manikpur P.S. Case No. 117 of 2024 subject to
condition that:-
(i) However, the petitioner shall remain physically
present in court on each and every date during trial
and in the event of failure on two consecutive dates
without sufficient reasons, his bail bonds shall be
liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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