Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: REJECTED
Bench: RAMESH CHAND MALVIYA

Holding

The court denied bail, holding that the seriousness of the alleged offence and the evidence against the accused preclude the grant of regular bail.

Summary

Ravi Kumar, a 19‑year‑old, was arrested in connection with an alleged sexual relationship with a 16‑year‑old girl, alleged to have been pursued on the pretext of marriage. He was charged under Section 64 of the Bihar Narcotic Substances Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner claimed he was falsely implicated, asserted a clean antecedent, and sought regular bail. The State opposed bail, emphasizing the seriousness of the alleged offence against a minor and the presence of corroborative witness statements. After reviewing the FIR, case diary, the impugned order, and the victim’s statement under Section 183 of the Bihar Police Act, the court found the allegations grave and declined to grant bail, rejecting the petitioner's application.

Issues considered

Whether bail should be granted to the accused in a case involving alleged sexual assault of a minor under the POCSO Act and Section 64 of the Bihar Narcotic Substances Act.

Legislation cited

Bihar Narcotic Substances Act — s. 64
Protection of Children from Sexual Offences Act — s. 4, 6

Subjects

bail
POCSO
sexual assault
minor
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73895 of 2025
                      Arising Out of PS. Case No.-96 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Ravi Kumar, aged about 19 years, (Male), Son of Sunil Paswan, Resident of
                 village - Poari, P.S.- Harnaut, District - Nalanda.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sobha Devi W/o Kanhaiya Paswan R/o vill - Poari, P.S.- Harnaut, Distt. -
                 Nalanda
           3.     Tanuja Kumari D/o Kanhaiya Paswan R/o vill - Poari, P.S.- Harnaut, Distt. -
                  Nalanda
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER
4   21-01-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and perused the case diary.

                                2. The petitioner is in custody in a case registered for

                   the offence punishable under Section 64 of the BNS and

                   Sections 4/6 of the POCSO Act.

                                3. The crux of the allegation is that the petitioner,

                   namely, Ravi Kumar was involved in a repeated physical

                   relationship with the informant for about 6-7 months, who is a

                   minor aged about 16 years on the pretext of marriage.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case only to harass

                   the petitioner. He next submits that the informant/victim is a

                   corrupt lady and she had accused other people for the similar

                   nature of offence previously and all the Panches have sworn an
          Patna High Court CR. MISC. No.73895 of 2025(4) dt.21-01-2026
                                                      2/2




                    affidavit against the informant as stated in para-9 of the petition.

                    Petitioner has got clean antecedent as stated in para-3 of the

                    petition and he is in custody since 28.02.2025.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the present petitioner and submits that there is direct

                    allegation of sexual assault against the petitioner and also the

                    fact that the informant/victim is a minor girl, who is aged about

                    16 years.

                                 6. On perusal of the FIR, case diary, impugned order

                    dated 20.08.2025 as well as the statement of the victim girl

                    recorded under Section 183 of BNSS, it appears that the

                    petitioner was having repeated physical relationship with the

                    victim on the pretext of marriage for about 6-7 months, which is

                    grave and serious offence in nature and moreover, at the time of

                    occurrence, the age of victim was 16 years and several

                    witnesses have also supported the case of the prosecution, so I

                    am not inclined to grant prayer for regular bail of the petitioner.

                                 7. Accordingly, the prayer for bail of the petitioner is

                    hereby rejected.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T

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