Patna High Court
Ravindra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Ravindra Ram, was implicated in a case alleging theft of Rs.50,000 and jewellery and the alleged sexual offence under the POCSO Act involving a 17‑year‑old girl. The petitioner claimed he was falsely implicated, asserting that the girl was his consensual partner and that they had eloped, and that the girl later affirmed a marriage and did not support the prosecution. The State opposed the petition for anticipatory bail, while the petitioner’s counsel sought relief on the ground of clean antecedents and lack of substantive evidence. The Court examined the allegations, the victim’s statement, and the applicability of the relevant statutory provisions. Finding that the petitioner's apprehension of arrest was genuine and that the case appeared to be motivated by false accusations, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 B.N.S. 2023.
- Whether the allegations under Sections 137(2), 96, 61(2), 64(1), 3(5) of the B.N.S. 2023 and Section 4 of the POCSO Act constitute a cognizable offence justifying arrest.
- Whether the victim’s age and alleged consent affect the applicability of the POCSO provisions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 3(5), 482(2), 61(2), 64(1), 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- anticipatory bail
- false implication
- POCSO Act
- age of consent
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- theft
- love elopement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89154 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- BAGHA District- West Champaran
======================================================
Ravindra Ram S/o Ramesh Ram R/o Village - Sojhighat, Ward No. 20, Police
Station - Bagaha, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mithu Chaudhary S/o Late Kanhaiya Chaudhary R/o Village - Bankatwa,
Ward No. 21, P.S - Bagaha, District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kr Singh No. 1
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 04-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 137(2), 96, 61(2),
64(1) and 3(5) of the B.N.S. 2023 and Section 4 of the POCSO
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and the informant
alleges that he was informed by the villagers that his daughter
aged about 17 years was seen going with the petitioner carrying
the bag on 07.04.2025, accordingly, the informant informed his
family members when it transpired that an amount of Rs.
Patna High Court CR. MISC. No.89154 of 2025(4) dt.04-05-2026
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50,000/- along with jewellery worth Rs. 1 lakh were missing
from the house. Accordingly, the informant along with villagers
went to the house of the petitioner when petitioner’s family
members abused and threatened that they would be implicated
into a false case under SC/St Act.
4. The learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant, it is next submitted that from
perusal of allegation as alleged in the F.I.R., it would manifest
that the petitioner and victim were in love and were eloped as
Rs.50,000/ along with jewellery was missing from the house. It
is also submitted that victim has come back and her statement
was recorded under Section 183 B.N.S. wherein she has not
supported the case of the prosecution rather has stated that she
has performed her marriage with the petitioner, it is also
submitted that in order to give seriousness to the case, it is
alleged that the victim on the date of occurrence is 17 years of
age when she was the major, it is also submitted that even
presuming what has been alleged is true with regard to age in
the F.I.R., without admitting, then also the victim has also
attained the age.
5. Learned A.P.P. for the State as well as learned
Patna High Court CR. MISC. No.89154 of 2025(4) dt.04-05-2026
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counsel for the informant oppose the prayer for anticipatory bail
of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, I am inclined to grant privilege of anticipatory bail
to the petitioner. Let the petitioner, as named above, in the
event of his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-7th-cum-Special Judge, POCSO, West Champaran,
Bettiah, in connection with Bagaha P.S. Case No. 102 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Satyavrat Verma, J)
sanjeev/-
U T
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