Patna High Court

Ram Lochan Sah @ Ramlochan Sahu @ BaukaversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted as the offence is serious, involves a minor, and there is a risk of evidence tampering.

Summary

The petitioner, Ram Lochan Sah, was arrested in connection with a case registered under Sections 65, 126(2), 127(2), 351(3) of the B.N.S. and Sections 4 and 6 of the POCSO Act, alleging the rape of a twelve‑year‑old girl. He applied for bail before the Patna High Court. The State, represented by the learned Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the alleged offence and the risk of tampering with evidence. The Court examined the nature of the charges, the age of the victim, and the statutory provisions governing bail in sexual offences against minors. Considering these factors, the Court concluded that the gravity of the allegations outweighed any justification for release on bail. Consequently, the bail application was dismissed.

Issues considered

Whether bail can be granted to an accused in a case of alleged rape of a minor under the POCSO Act and related provisions of the B.N.S.

Legislation cited

B.N.S. — s. 126(2), 127(2), 351(3), 65
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

bail
rape
child sexual abuse
POCSO Act
high court
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7244 of 2026
                        Arising Out of PS. Case No.-71 Year-2024 Thana- BHEJA District- Madhubani
                  ======================================================
                  Ram Lochan Sah @ Ramlochan Sahu @ Bauka S/o- Moti Sahu Vill-
                  Mahpatiya, P.S- Bheja, Dist- Madhubani
                                                               ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar
            2.     Md. Nasruddin S/o- Late Balagat Hussain Vill-Mahpatiya, P.S- Bheja, Dist-
                   Madhubani
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Manoj Kumar Jha
                  For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    27-04-2026                    Heard learned counsel for the petitioner and learned APP

                    for the State.

                                 2. The petitioner seeks bail in connection with Bheja P.S.

                    Case No. 71 of 2024, registered for the offence punishable under

                    Sections 65, 126(2), 127(2), 351(3) of B.N.S. and Seciton 4/6 of

                    POCSO Act.

                                 3. As per the prosecution case, the petitioner is accused of

                    committing rape with 12 year old child.

                                 5. Learned APP appearing for the State opposes the prayer

                    for bail of the petitioner.

                                 6. Considering the facts and circumstances of the case this

                    application is dismissed.


sanjeev/-                                                              (Sandeep Kumar, J)
U       T

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