Patna High Court
Chandra Kishore Paswan @Chand Kishore PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 354(b), 376
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6, 8
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
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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
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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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