Gautam Paswan @ Gautam Kumar PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40189 of 2026
                      Arising Out of PS. Case No.-54 Year-2025 Thana- MAHILA P.S. District- Araria
                 ======================================================
           1.     Gautam Paswan @ Gautam Kumar Paswan, S/o Late Ramvilash Paswan
           2.    Amit Paswan @ Amit Kumar, S/o Basant Paswan
           3.    Rahul Paswan @ Rahul Kumar, S/o Shyam Lal Paswan
           4.    Manish Paswan @ Sumit Kumar, S/o Basant Paswan
                 Petitioner nos. 1 to 4 are R/o Mohalla - Matasthan, Bhagat Tola, Ward No.
                 28, P.S. and District - Araria
           5.    Sanjeev Paswan @ Sanjiv Kumar @ Sanji Paswan, S/o Jitu Paswan R/o -
                 Janta Chauk, Purnia Court, P.S. - Purnia Sadar, District - Purnia
           6.    Parmila Devi @ Pramila Devi, W/o Late Ramvilash Paswan
           7.    Sunita Devi, W/o Shankar Paswan, D/o Late Ramvilash Paswan
                 Petitioner nos. 6 and 7 are resident of Raniganj, Near Kali Temple, Utkars
                 Bank, P.S - Raniganj, District - Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX D/o YYY R/o - Matasthan, Bhagat Tola, Ward No. 28, P.S and District
                 - Araria

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026                    At the outset, it is submitted that petitioner no.3

                   namely, Rahul Paswan @ Rahul Kumar was arrested by the

                   police     during      pendency        of     present      anticipatory       bail,

                   accordingly, his prayer for anticipatory bail petition has

                   become infructuous upon arrest and, therefore, same be

                   permitted to withdraw.
Patna High Court CR. MISC. No.40189 of 2026(2) dt.23-06-2026
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                       2. Request allowed.

                       3. Accordingly, the prayer of anticipatory bail of

          petitioner no.3 stands dismissed as withdrawn, having

          become infructuous.

                       4. Now,        this    petition         survives   only   against

          petitioner nos. 1, 2, 4, 5, 6 and 7 respectively.

                       5. The accused/petitioners are named in the FIR

          and apprehending their arrest in connection with Araria

          Mahila P.S. Case No.54 of 2025 registered under Sections

          126(2), 115(2), 96, 64, 352, 351(2), 351(3) read with 3(5)

          of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’) as well

          as Section 4 of the Protection of Children from Sexual

          Offences Act, 2012 (in short ‘POCSO Act’).

                       6. As per F.I.R., petitioners along with co-accused

          persons kidnapped the informant aged about 17 years

          whereafter, accused/petitioner Pramila Devi instigated one

          Rohit Paswan (not petitioner for the present) as to commit

          rape upon the informant, whereafter, Rohit committed rape

          on several occasions upon informant.

                       7. It is submitted that learned counsel appearing
Patna High Court CR. MISC. No.40189 of 2026(2) dt.23-06-2026
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          for the petitioners that aforesaid petitioners were implicated

          with present crime in question for the simple reason that

          love affairs of the informant with Rohit was not approved by

          the informant’s family. It is submitted that for the said

          oblique motive the petitioners, who are cousin brother and

          relatives of main co-accused Rohit Kumar, were implicated

          with present crime in question. It is submitted that the thrust

          of allegation is available against Rohit Kumar, who is not the

          petitioner for the present. All petitioners claimed clean

          antecedent.

                       8. Learned APP opposed the prayer of bail.

                       9. In view of aforesaid factual submissions and by

          taking note of fact as allegation of sexual assault is not

          available against these petitioners, who prima-facie appears

          implicated being relative of the main co-accused Rohit

          Kumar,         accordingly, petitioner no.1, namely, Gautam

          Paswan @ Gautam Kumar Paswan, petitioner no.2, namely,

          Amit Paswan @ Amit Kumar, petitioner no.4, namely,

          Manish Paswan @ Sumit Kumar, petitioner no.5 namely,

          Sanjeev Paswan @ Sanjiv Kumar @ Sanji Paswan, petitioner
          Patna High Court CR. MISC. No.40189 of 2026(2) dt.23-06-2026
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                    no.6, namely, Parmila Devi @ Pramila Devi and petitioner

                    no.7, namely, Sunita Devi are directed to be released on

                    bail, in the event of their arrest or surrender in the court

                    below within a period of four weeks, on furnishing bail bond

                    of Rs.10,000/- (Rupees Ten Thousand) each with two

                    sureties of the like amount each to the satisfaction of the

                    learned District and Additional Sessions Judge-VI-cum-

                    Special POCSO Judge, Araria in connection with Mahila P.S.

                    Case No.54 of 2025, subject to the conditions as laid down

                    under Section 438(2) of the CrPC/under Section 482(2) of

                    the BNSS.


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T