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Patna High CourtCR. MISC./23030/2026allowed

Binod Ram v. The State Of Bihar

2026-06-29Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23030 of 2026 Arising Out of PS. Case No.-32 Year-2025 Thana- MAHILA P.S. District- Madhepura ====================================================== BINOD RAM S/o- Late Awadh Ram R/v- Chikni Khad W.No-12, PsGamhariya Dist- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX S/o- YYY R/v- Chikni Khad W.No-12, Ps- Gamhariya DistMadhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Madhepura Mahila P.S. Case No. 32 of 2025 registered for the offence punishable under Sections 64, 83 and 3(5) of the B.N.S., 2023 and Section 4/12 of the POCSO Act.

3. The case of the prosecution, in short, is that one Mithilesh Ram has kidnapped the minor daughter of the informant and has committed rape with her. It is alleged that the petitioner, along with others, was present there and was assisting the main accused, Mithilesh Ram.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.23030 of 2026(4) dt.29-06-2026 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During the course of the investigation, the victim has given her statement recorded under Section 183 of the BNSS, wherein she has stated that Mithilesh Ram has taken her to his house, where his family members were there. As the victim arrived at the house of Mithilesh Ram, the family members fled away. It is further alleged that Mithilesh Ram forcefully put vermilion on her head and also committed rape. Learned counsel for the petitioner further submits that the petitioner is the cousin-uncle of Mithilesh Ram and that the main thrust of the allegation is against Mithilesh Ram. There is no role of this petitioner in the said occurrence. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 14.01.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.23030 of 2026(4) dt.29-06-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Madhepura in connection with Madhepura Mahila P.S. Case No. 32 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T