Patna High Court
Ramlal @ Ram Lal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, ordering the petitioner’s release on bail with bond and sureties.
Summary
The petitioner, Ramlal, was in custody for alleged offences under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act, accused of enticing a minor for marriage. He applied for regular bail, claiming innocence and a clean antecedent. The State opposed the bail. The court examined the victim's statement, which indicated that the petitioner and the victim had married. Considering this, the court allowed the regular bail application, directing release on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12 of the POCSO Act
- Whether the fact of marriage between the accused and the alleged victim affects the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- regular bail
- criminal procedure
- marriage
- POCSO Act
- Bharatiya Nyaya Sanhita
- child protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74879 of 2025
Arising Out of PS. Case No.-864 Year-2024 Thana- RUPASPUR District- Patna
======================================================
Ramlal @ Ram Lal Kumar S/O Ram Sudhir Mahto @ Ram Sudhari Mahto
R/O Village- Mauji Harisingh, P.S- Bakhri, Distt.- Begusharai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandni Devi W/O Vijay Kumar Mahto R/O Idea Tower, Near St Johns
School, Police Station- Rupaspur, Distt- Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam
For the Opposite Party/s : Mr. Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Seen the office notes. Heard the learned counsel for
the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rupaspur P.S. Case No. 864 of 2024 registered for the offence
under Section(s) 137(2) and 96 of the Bharatiya Nyaya Sanhita,
2023 and Sections 8/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of enticing and taking away the victim for the purpose
of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.74879 of 2025(4) dt.24-03-2026
2/2
Petitioner is in custody since 04.07.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl it appears that the petitioner and the victim
have got married. In view of the same, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rupaspur P.S. Case
No. 864 of 2024.
(Sandeep Kumar, J)
Shishir/-
U T
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