Patna High Court
Hare Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the direct allegations of physical abuse of a minor under the POCSO Act and related statutes justify refusal of regular bail.
Summary
The petitioner, Hare Ram Yadav, a driver, was implicated in a case alleging that he physically abused a nine‑year‑old girl, the daughter of the informant, while she was traveling to school on a bus. The FIR, registered under sections 75 and 79 of the Bharatiya Nyay Sanhita, 2023 and sections 8, 10 and 12 of the POCSO Act, directly accuses the petitioner of the assault. The petitioner applied for regular bail, claiming false implication, lack of criminal antecedents, and that the victim’s statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 did not support the allegations. The State opposed the bail, emphasizing the direct allegations in the FIR and the seriousness of the offence involving a minor. After hearing both sides, the Court held that the seriousness of the charges and the direct accusation against the petitioner warranted denial of bail, and consequently rejected the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of physical abuse of a minor under the POCSO Act and Bharatiya Nyay Sanhita.
- Whether the presence of direct allegations in the FIR justifies refusal of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyay Sanhita, 2023 — s. 75, 79
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 12, 8
Subjects
- regular bail
- child abuse
- POCSO Act
- Bharatiya Nyay Sanhita
- criminal procedure
- minor protection
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76319 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- Sinha District- Bhojpur
======================================================
Hare Ram Yadav S/O Late Suresh Yadav R/O Village- Mani rai KeTolla
Salempur, P.S- Ara Muffasil, Distt.- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Swetha Devi W/O Sanjay Singh R/O Village- Kudariyan, P.S- Sinha, Dist.t-
Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Prasad Yadav, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sinha P.S. Case no.77 of
2025 registered under sections 75 and 79 of Bhartiya Nyay
Sanhita, 2023 and sections 8, 10 and 12 of the POCSO Act.
3. As per the prosecution case, the informant states
that her 9 year old daughter, while on way to her school in the
school bus, was physically abused by the driver ie the petitioner
herein as also the Khalasi.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. He happens to
be the driver of the vehicle in question. The victim has not
Patna High Court CR. MISC. No.76319 of 2025(4) dt.11-02-2026
2/2
supported the allegations so far as the petitioner is concerned in
course of investigation in her statement under section 183
Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner has
no criminal antecedent and is in custody since 10.9.2025.
Charge sheet has been submitted in the case.
5. The application is opposed by learned APP for the
State and learned counsel for the informant. Learned counsel
for the informant submits that there is direct allegation against
the petitioner in the FIR that he was the driver of the vehicle
when the occurrence took place besides the petitioner himself
having abused the nine year old daughter of the informant.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner
and one another in the FIR of having physically abused the 9
year old daughter of the informant on way to her school, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
(Partha Sarthy, J)
Bibhash
U T
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