Patna High Court
Dipu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Dipu Ram, applied for bail in a case registered under Section 76 of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act, alleging that he attempted to sexually assault a minor. The prosecution alleged that the petitioner lured the minor to a secluded place and tried to assault her, while the petitioner claimed the allegation was fabricated and that the minor was merely grazing cattle in his field. The petitioner asserted a clean antecedent, had been in custody since 14‑10‑2025, and that the matter had been compromised between the parties. The State opposed bail, but the court considered the nature of the allegation, the existence of a charge sheet, the period of custody, and the petitioner’s clean record. The court directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNS Act and additional specific conditions.
Issues considered
- Whether bail should be granted in a case involving alleged sexual assault of a minor under the POCSO Act and Section 76 of the BNS Act
- Whether the existence of a charge sheet, the petitioner’s clean antecedent, and the period of custody justify bail
- Whether a compromise between the parties affects the grant of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 76
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- POCSO Act
- sexual assault
- minor
- compromise
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82630 of 2025
Arising Out of PS. Case No.-483 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Dipu Ram, S/O Dinesh Ram, Resident of Village- Narsinghpur, P.S.-
Chainpur, District- Kaimur, Bhabhua
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Y Resident of Vill.- Narsinghpur, P.S.- Chainpur, Dist.- Kaimur,
Bhabhua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Murli Dhar, APP
Mr. Sadanand Roy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the opposite party
no.2.
2. In the present case, the petitioner seeks bail in
connection with Chainpur P.S. Case No. 483 of 2025, registered
for the alleged offences under Section 76 of BNS, 2023 and
Sections 8/12 of POCSO Act.
3. As per prosecution case, the petitioner took the
minor daughter of the informant to a solitary place while she
had been grazing her goats and tried to sexually assault her.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.82630 of 2025(3) dt.11-02-2026
2/3
case. The true fact of the case is that the victim girl was grazing
her cattle in the field of the petitioner, who scolded her and for
this reason, this false and fabricated case has been lodged
against the petitioner. The learned counsel further submits that
no case under Section 76 BNS is made out against the petitioner
as only allegation against the petitioner is that he tried to
outrage the modesty of the daughter of the informant. The
matter has even been compromised between the parties. The
learned counsel further submits that the petitioner is in custody
since 14.10.2025 and is having clean antecedent. The charge
sheet has been submitted.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. The learned counsel for the opposite party no.2
admits the factum of compromise and submits that the
allegation is regarding outraging the modesty of the daughter of
the informant.
7. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
nature of allegation and further considering the submission of
charge sheet, period of custody of the petitioner along with his
clean antecedent, the petitioner is directed to be released on bail
Patna High Court CR. MISC. No.82630 of 2025(3) dt.11-02-2026
3/3
on furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-VI-cum-Special Judge, POCSO Act,
Kaimur at Bhabua/court concerned, in connection with
Chainpur P.S. Case No. 483 of 2025, subject to the conditions
mentioned in Section 480 (3) of BNSS and also the following
conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.