Patna High Court
Rameshwar Ram @ Ramesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, who are relatives of co-accused Vikash Kumar, sought anticipatory bail fearing arrest in a case involving offences under the Bhartiya Nyaya Sanhita and the POCSO Act. The FIR alleged that Vikash Kumar had been eve‑teasing the victim, assaulting her and her mother, snatching a gold chain, and attempting to outrage the mother’s modesty. The petitioners contended that the specific charge of eve‑teasing pertained only to Vikash Kumar and that they were falsely implicated merely because of family ties, asserting a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and the condition that the petitioners surrender within eight weeks, invoking Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners, who are family members of the co‑accused, are entitled to anticipatory bail despite the serious nature of the offences alleged.
- Whether the allegations against the petitioners constitute false implication warranting bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74, 75
- POCSO Act — s. 12, 8
Subjects
- anticipatory bail
- false implication
- family members
- POCSO
- sexual offences
- criminal procedure
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72330 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- MAHILA PS District- Aurangabad
======================================================
1. Rameshwar Ram @ Ramesh Das S/O Late Fekan Ram Resident of Village- Etwa,
P.S.-Haspura, District- Aurangabad.
2. Nageshwar Das @ Nageshwar Ram S/O Late Fekan Ram Resident of Village-
Etwa, P.S.-Haspura, District- Aurangabad.
3. Amarjit Ram @ Ranjit Ram S/O Nageshwar Das Resident of Village- Etwa, P.S.-
Haspura, District- Aurangabad.
4. Nitish Kumar S/O Nageshwar Das Resident of Village- Etwa, P.S.-Haspura,
District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Kumari, D/O Kamlesh Kumar, Resident of Village- Etwa, P.S.-Haspura,
District- Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 74, 75,
303(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya
Sanhita and Sections 8 and 12 of the POCSO Act.
3. As per FIR, co-accused Vikash Kumar was causing
eve-teasing with the victim for the last few days. On 17.03.2025,
mother of the victim went to house of Vikash Kumar to make
complaint, all the named accused including the petitioners abused
Patna High Court CR. MISC. No.72330 of 2025(3) dt.13-01-2026
2/3
and assaulted the victim and her mother and petitioner no. 4
snatched gold chain of the mother of the informant and they also
tried to outrage the modesty of the mother of the victim.
4. Learned counsel for the petitioners submits that
specific accusation of eve-teasing is against co-accused Vikash
Kumar and victim in her statement has also stated that it was
Vikash Kumar who was misbehaving with her. There is general
and omnibus allegation against these petitioners. Petitioners
have been falsely implicated in this case merely because of
being family members of the co-accused Vikash Kumar.
Petitioners claim clean antecedent as stated in paragraph 3 of
the bail petition.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioners.
6. Considering the facts and circumstance of the case,
the prayer for anticipatory bail of petitioners is allowed. Let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge VI-cum-Special Exclusive Judge,
POCSO Act, Civil Court, Aurangabad in connection with
Aurangabad Mahila P.S. Case No. 23 of 2025, subject to
Patna High Court CR. MISC. No.72330 of 2025(3) dt.13-01-2026
3/3
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
Checking your session…