Patna High Court
Sandesh Kumar Ram @ Sandesh Kr.versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sandesh Kumar Ram, was charged under Section 64 of the B.N.S. and Section 4 of the POCSO Act for alleged forced sexual intercourse with the minor daughter of an informant. The victim’s statement under Section 183 of the B.N.S.S. described an incident where the petitioner, allegedly intoxicated, attempted to open her pants, after which she pushed him and he sustained a head injury; the medical report showed no evidence of recent sexual assault. The victim did not support the prosecution’s case, and the petitioner claimed innocence, no prior criminal record, and had been in judicial custody since 21‑06‑2025. Both the State’s counsel and the informant’s counsel conceded the petitioner’s arguments. Considering the lack of corroborative medical evidence and the victim’s non‑cooperation, the Court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under Section 64 of the B.N.S. and Section 4 of the POCSO Act in view of the victim’s statement and medical report.
Legislation cited
- B.N.S. — s. 64
- B.N.S.S. — s. 183
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- POCSO Act
- sexual assault
- minor
- victim statement
- medical evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81202 of 2025
Arising Out of PS. Case No.-367 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Sandesh Kumar Ram @ Sandesh Kr. S/o Sujan Ram R/o Village- Mastichak,
P.S.- Dariyapur, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Malti Devi C/o Late Dharam Nath Ram R/o Village- Mastichak, P.S.-
Dariyapur, Distt.- Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the State : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. Nalin Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 27-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 64 of B.N.S.
and Section 4 of the POCSO Act.
3. The case of the prosecution is that the minor
daughter of the informant has gone to ease herself. It is alleged
that the petitioner has established physical relationship
forcefully with her. On 26.06.2025 when the victim felt pain in
her stomach and private parts then disclosed it to the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.81202 of 2025(3) dt.27-01-2026
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counsel for the petitioner has submitted that the occurrence is of
17.06.2025 whereas the case has been filed on 26.06.2025.
During course of investigation, the victim has given her
statement under Section 183 of B.N.S.S. wherein she has stated
that when she was going to fetch water at hand pump, this
petitioner arrived in influence of intoxication started opening
her pant. On this, she pushed him due to which he fell down and
received head injury. Learned counsel has further submitted that
from perusal of the medical examination report also, doctor has
recorded that there is no evidence of recent sexual assault at the
time of examination and has found no mark of injury. The
victim has not supported the case of the prosecution under
Section 183 of B.N.S.S. A statement has been made in para-3 of
this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
21.06.2025.
5. Learned APP appearing for the State and learned
counsel for the informant are present. Learned counsel for the
informant has conceded the argument of the learned counsel for
the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.81202 of 2025(3) dt.27-01-2026
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dariyapur P.S. Case No. 367 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Additional
Sessions Judge (POCSO) Saran at Chapra.
(Ashok Kumar Pandey, J)
shubham/-
U T
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