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Patna High Court

Raju Ram @ Raj Kumar SurajversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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