Patna High Court
Ram PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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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