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Patna High Court - Orders

Ramvilas Paswan vs The State Of Bihar on 6 January, 2026

Author: Nawneet Kumar Pandey

Bench: Nawneet Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51710 of 2025
                       Arising Out of PS. Case No.-49 Year-2025 Thana- SAKRI District- Madhubani
                 ======================================================
                 Ramvilas Paswan Son of Late Ramkhelawan Paswan R/O- Village- Maksuda
                 Bher Toli, P.S.- Sakri, District- Madhubani  ... ...      Petitioner/s


                                                       Versus
           1.    The State of Bihar
           2.    Gausiya Praveen Daughter of Md. Sah Alam Village- Maksuda Bertoli Ps-
                 Sakri, Dist- Madhubani                         ... ... Opposite Party/s


                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Adv.
                                                  Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :       Mr.Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   06-01-2026

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sakri P.S. Case No. 49 of 2025 registered for the offence punishable under Sections-64(2)(k) of BNS and 4/8 of POCSO Act.

3. As per allegation, while after cutting crops from the field, the informant returned her home, she found the petitioner with her mentally retarded younger sister in objectionable condition and when alarm was raised, he succeeded in fleeing away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated Patna High Court CR. MISC. No.51710 of 2025(4) dt.06-01-2026 2/2 in this case. It has further been submitted that neither any mark of violence nor any sign of rape was found on the person of the victim. It has also been submitted that the victim did not reply the answers, put by the court during course of recording her statement under Section-183 of the BNSS.

5. Learned APP has opposed the prayer for bail.

6. The F.S.L. report is available on the record which shows that Ext. A/1 contains blood marks and semen. The victim is aged about 14 years. Perusal of the remarks made by the Magistrate during recording of the statement under Section- 183 of the BNSS shows that the victim is a mentally retarded girl and that is why, she could not answer the questions, put by the court during recording of her statement under Section-183 of the BNSS.

7. Considering the aforesaid facts and circumstances, the petitioner does not deserve the privilege of bail and accordingly, the same is rejected.

(Nawneet Kumar Pandey, J) A.K.V.//-

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