Patna High Court
Ramshobhit Das @ Ramshobhith DasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to the petitioner.
Summary
The petitioner, Ramshobhit Das, applied for anticipatory bail after being accused of establishing a physical relationship with a minor under a false promise of marriage, assaulting her, and allegedly raping her. The allegations are based on the victim's statement recorded under Section 183 of the B.N.S.S. and pertain to offences under Section 64(2) of the B.N.S., 2023 and Section 4 of the POCSO Act. The petitioner feared arrest and sought relief from the High Court. The court examined the seriousness of the accusations, the nature of the offences, and the victim's statement. Considering the gravity of the charges and the potential for interference with the investigation, the court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to be arrested under the pending criminal case.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the allegations of rape and assault under Section 4 of the POCSO Act and Section 64(2) of the B.N.S., 2023
- Whether the victim's statement under Section 183 of the B.N.S.S. warrants denial of anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 64(2)
- B.N.S.S. — s. 183
- POCSO Act — s. 4
Subjects
- anticipatory bail
- rape
- minor
- POCSO Act
- Section 64(2) B.N.S.
- Section 183 B.N.S.S.
- false promise of marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8478 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Ramshobhit Das @ Ramshobhith Das S/O Gauri Das Resident of village-
Bagahi, PS- Runnisaidpur, Distt- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O YYY Resident of village- Bagahi, P.O.- Ram Nagar, PS-
Runnisaidpur, Distt- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Section 64(2) of the
B.N.S., 2023 and Section 4 of the POCSO Act.
3. It is alleged that this petitioner, on the false promise
of marriage, established physical relation with minor daughter
of informant and thereafter, refused to marry and when victim
objected, he also assaulted her. The victim, in her statement
recorded under Section 183 B.N.S.S., has supported the case
and made allegation of rape against this petitioner.
4. Considering the nature of accusation and statement
Patna High Court CR. MISC. No.8478 of 2026(2) dt.23-02-2026
2/2
of the victim recorded under Section 183 B.N.S.S., the prayer
for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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