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Patna High Court

Ramji GuptaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted in view of the gravity of the alleged rape offences under the POCSO Act.

Summary

The petitioner, Ramji Gupta, a school principal, was arrested in connection with a rape case involving a minor girl, charged under Section 64 of the B.N.S., 2023 and Sections 4 and 6 of the POCSO Act. He applied for regular bail, claiming innocence, a clean antecedent, and having been in custody since 3 August 2025. The State opposed the bail application, emphasizing the seriousness of the offences. The Court examined the gravity of the charges and the circumstances of the case. Considering the seriousness of the alleged sexual offences against a minor, the Court dismissed the bail application.

Issues considered

  • Whether regular bail can be granted to an accused charged under Section 64 of the B.N.S., 2023 and Sections 4 and 6 of the POCSO Act for alleged rape of a minor.

Legislation cited

Subjects

  • regular bail
  • rape
  • minor
  • POCSO Act
  • Section 64 B.N.S.
  • criminal procedure
  • court dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87072 of 2025
                         Arising Out of PS. Case No.-177 Year-2025 Thana- KHAIRA District- Saran
                 ======================================================
                 Ramji Gupta Son of Ram Murti Gupta Resident of Village - Kadaura Ward
                 No 1, P.S. Kadaura District - Jalaun, U.P., Presently residing at C/O Md.
                 Imammul Haque, Village - Khodaibagh(Kalupur), P.S. - Khaira, Dist. - Saran
                 at Chapra(Bihar).

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    ABC Wife of XYZ R/o Village - Shahpur, Ward no. 3, P.S. - Khaira, Dist. -
                 Saran at Chapra(Bihar).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vindhyachal Singh, Sr. Advocate
                                                   Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-04-2026                   Heard learned senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Khaira P.S. Case No. 177 of 2025 registered for the offence

                   under Section 64 of the B.N.S., 2023 and section 4 and 6 of the

                   POCSO Act.

                                 3. The petitioner being Principal of a School has

                   committed rape with a minor girl.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner has clean antecedent and he is in custody since
            Patna High Court CR. MISC. No.87072 of 2025(4) dt.02-04-2026
                                                        2/2




                      03.08.2025.

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and the gravity of offence, this application for

                      regular bail is dismissed.



                                                 (Sandeep Kumar, J)
Ranjeet/-

U      T


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