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Patna High Court

Rampukar PaswanversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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
                                            3/4




                   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
                                                        4/4




                              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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