Patna High Court
Raju Ram @ Raj Kumar SurajversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner as there is no specific allegation against him and the charge‑sheet has been filed.
Summary
The petitioner, Raju Ram, was arrested in connection with Mahila Police Station Case No. 28 of 2025, which alleged offences under the Bharatiya Nyaya Sanhita, the POCSO Act and the SC/ST Act. The prosecution alleged that a student was molested and later raped by Ankit Kumar, leading to pregnancy and a subsequent dispute. The petitioner contended that he was falsely implicated, asserting that the FIR only named his son and that there was no specific allegation against him, especially under the SC/ST Act. He had been in custody since 18‑04‑2025 and had no prior criminal record. The State opposed bail, but the Court, noting the lack of specific charges against the petitioner, the submission of the charge‑sheet and the duration of custody, granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite charges under multiple statutes.
- Whether the petitioner can be held liable under the SC/ST Act in the absence of a specific allegation of abuse in a public place.
- Whether the petitioner’s custody period and lack of antecedents warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 352, 69, 89
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v)
Subjects
- bail
- criminal procedure
- sexual offences
- SC/ST Act
- false implication
- Mahila Police Station case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84146 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- MAHILA P.S. District- Samastipur
======================================================
Raju Ram @ Raj Kumar Suraj S/O Rajendra Ram R/O Village- Madapur
Chhapra, P.S.- Pusa, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Y R/O Village- Madapur Chhapra, Ward no. 11, P.S.- Pusa, District-
Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Mahila
P.S. Case No. 28 of 2025 instituted for the offence under
Sections 69, 89, 352 & 3(5) of the Bharatiya Nyaya Sanhita,
2023, Sections 4 & 6 of the POCSO Act and Sections 3(1)(r)(s)
(w) & 3(2)(v) of the SC/ST Act.
3. The prosecution story, in brief, is that the
informant, a matriculation student, was repeatedly molested and
later raped by Ankit Kumar in February 2024. When she became
pregnant, Ankit and his parents attempted to suppress the matter
and later refused to marry her, leading to a panchayat and the
Patna High Court CR. MISC. No.84146 of 2025(3) dt.09-02-2026
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present case.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 18.04.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation against the petitioner, rather the same is
against the son of the petitioner. No case is made out against the
petitioner under the offences of SC/ST Act as the petitioner has
not abused the informant in the public place. Charge sheet has
already been submitted in this case. Mother of the main accused
has been granted bail by this Court vide order dated 15.10.2025,
passed in Cr. Misc. 51116 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
specific allegation against the petitioner and charge sheet being
submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.84146 of 2025(3) dt.09-02-2026
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bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mahila P.S. Case No.
28 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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