Patna High Court
Rampukar PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to petitioner No. 4 but granted it to petitioners No. 1, 2, 3, 5 and 6.
Summary
The petitioners, six residents of Lila Bigha, filed an application for anticipatory bail under Section 438(2) of the CrPC in connection with a case (POSCO G.R. No. 69 of 2023) alleging offences under various IPC sections, the POCSO Act and the Income‑Tax Act. The FIR alleges that on 13 March 2023 petitioner No. 4, Sanjeet Kumar, attempted to outrage the modesty of a minor girl, while no specific allegations were made against petitioners No. 1, 2, 3, 5 and 6. The prosecution opposed bail, especially for petitioner No. 4, citing the direct allegation of outraging a minor’s modesty. The court, after considering the submissions, refused anticipatory bail to petitioner No. 4 but granted it to the remaining petitioners, subject to a bail bond of Rs 10,000 with two sureties and compliance with conditions under Section 438(2). The order was pronounced by Justice Anil Kumar Sinha.
Issues considered
- Whether anticipatory bail should be granted to petitioner No. 4 who is directly alleged to have outraged the modesty of a minor girl.
- Whether anticipatory bail can be granted to petitioners No. 1, 2, 3, 5 and 6 in the absence of any specific allegation against them.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Income Tax Act — s. 67
- Indian Penal Code — s. 323, 341, 354, 354(2), 354A, 354B, 380
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- anticipatory bail
- POCSO
- sexual assault
- minor
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14388 of 2026
Arising Out of PS. Case No.-156 Year-2023 Thana- KUTUMBA District- Aurangabad
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1. Rampukar Paswan S/O Jagdish Paswan R/O Village- Lila Bigha, P.S-
Kutumba, Distt.- Aurangabad.
2. Shyam Sundar Paswan S/O Jagdish Paswan R/O Village- Lila Bigha, P.S-
Kutumba, Distt.- Aurangabad.
3. Vipin Paswan @ Vipin Kumar @ Sankar Paswan S/O Shyam Sundar
Paswan R/O Village- Lila Bigha, P.S- Kutumba, Distt.- Aurangabad.
4. Sanjeet Kumar @ Kana @ Kana Rajwar S/O Late Nandu Rajwar R/O
Village- Lila Bigha, P.S- Kutumba, Distt.- Aurangabad.
5. Amola Rajwar @ Amol Rajwanshi S/O Late Nandu Rajwar R/O Village-
Chhakan Bagh, P.S- Kutumba, Distt.- Aurangabad.
6. Bajaniya Rajwar @ Ajit Kumar S/O Late Nandu Rajwar R/O Village-
Chhakan Bagh, P.S- Kutumba, Distt.- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Rajwar S/o Late Umesh Rajwar R/o Vill- Chhakkan Bagh, P.S.-
Kutumba, Distt- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of POSCO G.R. Case No. 69 of 2023, arising out of
Kutumba Police Station Case No. 156 of 2023, dated
16.06.2023, disclosing offences punishable under
Sections 341/323/354/380/354(A)/354(B)/354(2) of the
Patna High Court CR. MISC. No.14388 of 2026(2) dt.25-03-2026
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Indian Penal Code, Sections 8/12 of the Prevention of
Children from Sexual Offences Act, 2012 and Section 67
of the I. T. Act.
3. The prosecution case, as per the First Information Report,
is that on 13.03.2023, at about 04:30 AM, when the
daughter of the informant went to attend the nature’s call
in the courtyard of the house, she raised alarm. When the
family members, including the informant, woke up, they
saw that petitioner no. 4 had caught the hands of her
minor daughter and was pressing her mouth. When the
petitioner no. 4 saw them, he fled away.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case with ulterior motive. He further submits that
for the occurrence of 13.03.2023, initially a complaint
was filed on 12.05.2023, which was later on converted
into First Information Report on 16.06.2023. He further
submits that except against petitioner no. 4, there is not
even a whisper of any overt act.
5. On the other hand, learned Additional Public Prosecutor
vehemently opposes the prayer for bail and submits that
there is direct allegation against the petitioner no. 4 of
Patna High Court CR. MISC. No.14388 of 2026(2) dt.25-03-2026
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outraging the modesty of a minor girl.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
there is direct allegation against the petitioner no. 4 that
he tried to outrage the modesty of a minor girl, I am not
inclined to grant the petitioner no. 4 privilege of
anticipatory bail.
7. This application, so far as petitioner no. 4 is concerned, is
dismissed.
8. However, considering the fact that there is no allegation
against petitioner nos. 1, 2, 3, 5 and 6, I am inclined to
grant the petitioner nos. 1, 2, 3, 5 and 6 privilege of
anticipatory bail.
9. This application, so far as petitioner nos. 1, 2, 3, 5 and 6
are concerned, is allowed.
10. Let the petitioner nos. 1, 2, 3, 5 and 6, above named, in
the event of their arrest or surrender before the Court
below within a period of four weeks from today, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(ten thousand) each with two sureties of the like amount
each to the satisfaction of learned Special Exclusive
Judge, POCSO, Aurangabad, in connection with POSCO
Patna High Court CR. MISC. No.14388 of 2026(2) dt.25-03-2026
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G.R. Case No. 69 of 2023, arising out of Kutumba Police
Station Case No. 156 of 2023, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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