Ram Prasad Choudhary @ Polae Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16168 of 2026 Arising Out of PS. Case No.-407 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Ram Prasad Choudhary @ Polae Choudhary S/o Late Baleshwar Choudhary R/o Village - Pirapur, P.S - Jandaha, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

X W/o Shri Dhiraj Kumar R/o Village - Pirapur, P.S - Jandaha, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Informant : Mr. Sabal Kumar Jha, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2026 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner, Mr. Sabal Kumar Jha, learned counsel for the Informant and Mr. Umeshanand Pandit, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 22.07.2025, in connection with Jandaha P.S. Case No. 407 of 2024, F.I.R. dated 09.11.2024 registered for the offences punishable under Sections 126(2), 115(2), 74, 76, 351(2) of the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act, 2012.

3. The prosecution case, in brief, is that on 06.11.2024 at about 05:00 P.M. the minor daughter of the informant aged about 09 years of old was induced by providing

Patna High Court CR. MISC. No.16168 of 2026(2) dt.12-03-2026 2/3 a chocolate by the accused petitioner and he took her in his room with bad intention and molested her by touching her private part inappropriately and also attempted to remove her clothes and when her daughter protested him then he threatened her to be killed.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and due to village politics the petitioner has been falsely implicated in the present case.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of the Cr. P.C./183 of the B.N.S.S. in which she has fully supported the case of the prosecution and apart from aforesaid the age of the victim is about 09 years of old.

6. Considering the aforesaid facts and circumstances of the case and there is specific and direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in

Patna High Court CR. MISC. No.16168 of 2026(2) dt.12-03-2026 3/3 connection with Jandaha P.S. Case No. 407 of 2024 pending in the Court of learned Additional District & Sessions Judge-VIcum-Special Judge, POCSO, Vaishali at Hajipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U