Patna High Court
Rambachchan SharmaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that there were no fresh grounds to grant bail and therefore denied the bail application.
Summary
The petitioner, Rambachchan Sharma, was charged under Section 87 of the Bihar Narcotic Substances (BNS) Act and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly abducting a minor girl with the intention of marrying her. The petitioner pleaded innocence, claiming he has no prior criminal record and that the allegations are false. He had previously applied for regular bail, which was rejected by the Patna High Court on 2 July 2025. On a fresh bail application, the Court found no new material or fresh ground to revisit the earlier decision and therefore again denied bail. The Court directed the trial court to complete the trial within three months of receiving a copy of the order.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the BNS Act and POCSO Act.
- Whether any fresh ground or material has arisen to warrant a reconsideration of the earlier bail denial.
Legislation cited
Subjects
- bail
- POCSO
- abduction
- child sexual offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79007 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- SARMERA District- Nalanda
======================================================
Rambachchan Sharma, aged about-30 years, Son of Shankar Mistri @
Shankar Sharma Resident Of Village- Sarsa, Ps- Lachhuara, Dist- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ wife of Santu Ram Resident Of Village- Sarmera, Ps- Sarmera, Dist-
Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
7 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is accused in a case registered for the
offense punishable under sections 87 of the BNS and Section
8/12 of the POCSO Act in connection with POCSO Case No.12
of 2025.
3. As per the prosecution case, the petitioner, who is a
married man, is alleged to have abducted the minor daughter, of
the informant with an intention to marry her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He next submits that petitioner has got no criminal
Patna High Court CR. MISC. No.79007 of 2025(7) dt.06-02-2026
2/2
antecedent as stated in para-3 of the bail petition and he is in
custody since 25.01.2025.
5. Earlier the prayer for regular bail of the petitioner
was rejected by this Court vide order dated 02.07.2025 passed in
Cr. Miscellaneous No.16756 of 2025 and there is no fresh
ground to reconsider the prayer of bail of this petitioner.
6. Accordingly, the bail application of this petitioner is
again rejected.
7. The learned Trial Court is directed to conclude the
trial as soon as possible within a period of three months from
the date of receipt of a copy of this order.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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