Patna High Court
Ram Vilash Mukhiya @ Vilash Mukhiya @ VilashversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Ram Vilash Mukhiya, was charged with gang rape under Section 70(2) of the B.N.S and Section 4 of the POCSO Act. He alleged that the FIR was lodged two days after the incident and that he was falsely implicated due to a property dispute involving the victim’s family. The petitioner contended that the victim, aged 18‑20 according to a medical report, showed no spermatozoa or signs of physical assault, and that the case was a conspiracy to seize property. The State and the victim’s counsel opposed bail, emphasizing the victim’s consistent statements to police and the magistrate. The Court, noting the victim’s corroborated testimony, refused bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to an accused charged with gang rape under the POCSO Act and Section 70(2) of the B.N.S despite claims of false implication and lack of medical evidence.
Legislation cited
- B.N.S. — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- POCSO Act
- property dispute
- medical evidence
- victim statement
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75947 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
Ram Vilash Mukhiya @ Vilash Mukhiya @ Vilash S/O Mangal Mukhiya
Resident of Village- Singihaun Mehasimar, Ward No. 08, Singiawan, P.S-
Kishanpur, District.- Supaul, Bihar- 852138.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. xxx Wife of yyy Resident of village- kishanpur Bazar, Ps- Kishanpur, Dist-
Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Rashmi, Advocate
Mr. Suresh Pd. Singh No. 1, Advocate
For the O.P. No.2 : Mr. Shashi Sharma, Advocate
For the State : Mr. Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-02-2026 Heard Ms. Kumari Rashmi, learned counsel for the
petitioner assisted by Mr. Suresh Pd. Singh No. 1 , Md. Matloob
Rab, learned APP for the State and Mr. Shashi Sharma, learned
counsel appearing for the Opposite Party No.2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 70 (2) of B.N.S and Section
04 of POCSO Act.
3. As per the prosecution case, petitioner along with
two co-accused is alleged to have committed gang rape with the
victim.
4. Learned counsel for the petitioner submits that the
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First Information Report has been lodged after a delay of two
days and the petitioner has been falsely implicated on account of
some property dispute. It has also been submitted that no case
under the POCSO Act would be made out as after medical
examination report her age has been assessed to be between 18-
20 years and further no spermatozoa has been found in the
vaginal swab and also no sign of physical assault has been
found. The present case has been lodged by way of a conspiracy
hatched by the informant and her husband along with her
neighbour for the purposes of grabbing the properties of
maternal uncle in-law, Ram Kishun Yadav, and the petitioner
only happens to be an acquaintance and friend of the said Ram
Kishun Yadav. Petitioner is in custody since 25.05.2025 and
charge sheet has been submitted.
5. Learned APP for the State and learned counsel for
the informant vehemently oppose the bail petition on the ground
that the victim has been subjected to rape by the petitioner and
another person which fact has been categorically stated by the
victim in the F.I.R as also in her statement under Sections 180
and 183 of the B.N.S.S.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
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victim has herself supported her case as stated in the First
Information Report in her statement made before the police and
also before the Magistrate, this Court is not inclined to grant bail
to the petitioner.
7. However, the learned trial court is directed to
expedite the case.
(Soni Shrivastava, J)
vashudha/-
U T
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