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Patna High Court

Chandra Kishore Paswan @Chand Kishore PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Chandra Kishore Paswan was accused of attempting to rape his niece and assaulting her with a knife, invoking Sections 323, 307, 376, 354(b) of the IPC and Sections 4, 6, 8 of the POCSO Act. The complaint, filed by the victim's mother, concealed the petitioner’s paternal uncle relationship to the victim and lacked any medical examination of the victim or complainant. The petitioner, a government servant with no prior criminal record, applied for anticipatory bail. The court noted the concealment of the familial link, the dispute between parties, and the absence of medical evidence, but also considered the petitioner’s clean record. Consequently, the court granted anticipatory bail on the condition of a Rs.10,000 bond, two sureties, and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., directing cooperation with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of offences under the IPC and POCSO Act.
  • Whether the concealment of the petitioner’s relationship to the victim and lack of medical evidence affect the grant of bail.
  • Whether the petitioner’s clean criminal record warrants bail despite serious allegations.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • POCSO
  • sexual assault
  • family relationship
  • medical evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19550 of 2026
                  Arising Out of PS. Case No.-9 Year-2023 Thana- VAISALI COMPLAINT CASE District-
                                                         Vaishali
                 ======================================================
                 Chandra Kishore Paswan @Chand Kishore Paswan Son of Late Devendra
                 Paswan Resident of Village- Chamrahara, P.S.- Mahnar, District- Vaishali
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Anita Devi Wife of Sri Ramanand Paswan Resident of Village- Chamrahara,
                  P.S.- Mahnar, District- Vaishali
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sabal Kumar Jha
                 For the Opposite Party/s :      Mr.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 323, 307,

                   376, 354(B) of the IPC and Sections 4, 6, 8 of the POCSO Act.

                                3. Petitioner is said to have tried to rape the daughter

                   of the informant and also assaulted her with knife which hit her

                   in above the eye.

                                4. Learned counsel for the petitioner submits that the

                   present case arises out of a complaint case filed on behalf of the

                   complainant who happens to be the mother of the victim girl. It

                   has also been alleged in the complaint that while the victim had

                   gone for easing herself at around 8:00 PM, the petitioner who
Patna High Court CR. MISC. No.19550 of 2026(2) dt.06-04-2026
                                            2/3




          happens to be the own paternal uncle of the victim attempted to

          commit rape with her and when the complainant protested

          against the same, she was also assaulted by means of knife. It is

          further submitted that neither the victim girl got medically

          examined        nor     there     is    any      injury   report   of   the

          complainant/opposite party on record. It would further appear

          from the statement of the complainant on oath that she has

          referred to the petitioner as his neighbour and has thus

          deliberately concealed the fact that he is the own paternal uncle

          of the victim. Learned counsel has also submitted that the

          present case has been lodged only with an oblique motive as this

          petitioner had been granted compassionate appointment in place

          of his father on his death which was not acceptable to the

          complainant/opposite party no. 2. Further, the petitioner is a

          government servant having no criminal antecedent.

                       5. Learned APP for the State and learned counsel for

          the opposite party no. 2 have opposed the application for

          anticipatory bail on the basis of the allegation made in the

          complaint case.

                           6. Taking into consideration the facts and

          circumstances and also considering the fact that the petitioner is

          the own uncle of the victim which fact has been concealed in the
             Patna High Court CR. MISC. No.19550 of 2026(2) dt.06-04-2026
                                                         3/3




                       complaint petition and further considering the fact that there is a

                       dispute between the parties and there has been no medical

                       examination of either the victim or the complainant, let the

                       above named petitioner, who has no criminal antecedent, in the

                       event of his arrest or surrender before the learned Court below

                       within a period of four weeks from today, be enlarged on bail on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned court below where the case is pending/successor court

                       in connection with Complaint Case No. 09 of 2023, subject to

                       the condition as laid down under Section 438 (2) of the

                       Cr.P.C./482(2) of the B.N.S.S., subject to the conditions that:

                                        (I) One of the bailors would be the family member

                       or relative.

                                        (II) The petitioner is directed to cooperate in the

                       investigation/trial and in case non-cooperation by the petitioner,

                       the prosecution would be at liberty to file an application for

                       cancellation of bail of the petitioner.


                                                 (Soni Shrivastava, J)
devendra/-
U      T


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