Created by Fuzzy Cloud

Patna High Court

Ramlal @ Ram Lal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.