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Patna High Court

Ram PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted given the serious nature of the rape allegation.

Summary

Ram Paswan applied for anticipatory bail in connection with a rape case (Athmalgola P.S. Case No.224 of 2025) alleged under section 65(1) of the B.N.S., 2023 and sections 4 and 6 of the POCSO Act. The petitioner claimed that he was likely to be arrested and sought protection from arrest. The court examined the seriousness of the allegations, noting that the offence involved sexual assault of a minor. Considering the gravity of the charge and the potential impact on the victim, the judge was not inclined to grant bail. Consequently, the anticipatory bail application was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under section 65(1) of the B.N.S., 2023 and sections 4 and 6 of the POCSO Act
  • Whether the nature and seriousness of the rape allegation justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • POCSO Act
  • criminal procedure
  • bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.75929 of 2025
                      Arising Out of PS. Case No.-224 Year-2025 Thana- ATHMALGOLA District- Patna
                  ======================================================
                  Ram Paswan S/o- Krishna Paswan Village-Dakshnichak P.S-Athmalgola,
                  District-Patna
                                                                     ... ... Petitioner
                                              Versus
            1.     The State of Bihar
            2.     X D/o- Upendra Paswan R/v- Dakshnichak Ps- Athmalgola Dist- Patna
                                                                    ... ... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner        :        Mr. Manoj Kumar Pandey, Advocate
                  For the State             :        Mr. Aditya Narayan Singh.1, APP
                  For the State             :        Mr. Sanjay Kumar, Advocate
                                                     Mr. Shiv Kumar Prasad, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    10-03-2026                        Heard learned counsel for the petitioner, learned

                    APP for the State and learned counsel for the opposite party

                    no.2.

                                       2.       This application for anticipatory bail arises

                    out of Athmalgola P.S. Case No.224 of 2025 for the offence

                    under sections 65(1) of the B.N.S., 2023 and under sections 4

                    and 6 of the POCSO Act.

                                       3.       The petitioner is said to have committed rape

                    with the victim.

                                       4.       Considering the nature of allegation levelled

                    against the petitioner, I am not inclined to grant anticipatory bail

                    to the petitioner. Accordingly, this bail application is dismissed.


                                                           (Sandeep Kumar, J)
pawan/-
U       T


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