Patna High Court
Subash Paswan @ Subhash PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the allegations under the POCSO Act involving a minor were deemed serious and warranted the accused’s continued custody.
Summary
The petitioner, Subash Paswan, was arrested on 25 September 2025 in connection with POCSO Case No. 161 of 2025 arising from FIR dated 24 September 2025. He is charged under Sections 64, 96 and 352 of the Bihar Narcotic/Criminal Statutes, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The prosecution alleges that Paswan, under the pretext of marriage, had sexual intercourse with the victim, a girl born in 2009, making her about sixteen at the time, and that she became pregnant. The petitioner contended that he has a clean antecedent and that the allegations are false and fabricated, seeking bail. The court, after hearing both sides, held that the seriousness of the alleged offences and the victim’s minor status warranted denial of bail, and consequently refused the bail prayer while directing the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving a minor aged sixteen.
- Whether the alleged conduct constitutes an offence under Sections 4 and 6 of the POCSO Act.
- Whether the accused’s clean antecedent and claim of false implication outweigh the seriousness of the charges.
Legislation cited
Subjects
- bail
- POCSO
- child sexual offence
- minor victim
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27740 of 2026
Arising Out of PS. Case No.-447 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Subash Paswan @ Subhash Paswan S/o Marachhu Paswan R/o Village -
Lakhmanpur, P.S - Chainpur, District - Kaimur at Bhabhua
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o YYY R/o village - Lakhmanpur, P.S - Chainpur, District - Kaimur
at Bhabhua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Tribhuwan Narayan, learned counsel for
the petitioner and Ms. Suman Kumari Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.09.2025 in connection with POCSO Case No.161 of 2025
arising out of Chainpur P.S. Case No. 447 of 2025, F.I.R. dated
24.09.2025 for the offences punishable under Sections 64, 96
and 352 of the BNS, 2023 and Sections 4 and 6 of the POCSO
Act.
3. According to prosecution case, this petitioner on the
pretext of marriage has established physical relation with the
informant's daughter.
Patna High Court CR. MISC. No.27740 of 2026(2) dt.27-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim has been recorded under
Sections 180/183 of the BNSS, 2023 in which she has admitted
that she was in love with the petitioner and this petitioner on the
pretext of marriage has established physical relation with her
and due to this she became pregnant. The year of birth of victim
is 2009 which suggest that on the date of occurrence she was
only about 16 years.
6. Considering the aforesaid facts and circumstances
of the case, I am not inclined to enlarge the petitioner on bail in
connection with POCSO Case No. 161 of 2025 arising out of
Chainpur P.S. Case No. 447 of 2025 pending in the court of
learned Additional Sessions Judge -VI cum Special Judge,
Kaimur at Bhabua.
7. Prayer is refused.
Patna High Court CR. MISC. No.27740 of 2026(2) dt.27-04-2026
3/3
8. However, learned Trial Court is directed to expedite
and conclude the trial at the earliest.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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