Patna High Court
Ramji GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 64
- POCSO Act — s. 4, 6
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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