Patna High Court
Dheeraj Kumar @ Dheeraj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dheeraj Kumar Paswan, was charged under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita, 2023 in a POCSO case involving a 14‑year‑old girl who went missing on 30‑08‑2025. The girl later returned and gave a statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, indicating she had gone with the petitioner but making no allegation of a physical relationship. The petitioner’s counsel argued that he was falsely implicated due to village politics and that he had been in custody since 11‑09‑2025, reducing any risk of absconding or tampering with evidence. The informant’s counsel contended that the minor had told police the petitioner had taken her to Pune and established a physical relationship. After hearing both sides, the court noted the nature of the case as an adolescent love matter and the petitioner’s continued custody, and decided to grant regular bail. The bail was ordered on a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused in a POCSO case under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita, 2023 considering the minor's statement and risk of evidence tampering
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 96
Subjects
- bail
- POCSO
- minor
- adolescent love
- regular bail
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4564 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Dheeraj Kumar @ Dheeraj Kumar Paswan Son of Panalal Paswan Resident
Of Village - Khapra, P.S. - Akorhigola, Dist. - Rohtas, Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o YYY Resident of - Bhaisihi Khurd, P.S - Sasaram, District -
Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh
Mr. Mukesh Kumar
For the State : Mr.Uday Chand Prasad
For the O. P. No. 2 : Mr. Ram Nibash Prasad
Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 13-05-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the Opposite Party No. 2 and learned Additional
Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with
POCSO Case No. 165 of 2025, arising out of Sasaram
(M) Police Station Case No. 290 of 2025, dated
01.09.2025, registered for the offences punishable under
Sections 137(2)/96 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the minor grand daughter of the informant, aged
about 14 years, became trackless from 30.08.2025 in the
Patna High Court CR. MISC. No.4564 of 2026(4) dt.13-05-2026
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night. The informant tried to search her, when he came to
know that the petitioner talked with this grand daughter
and he allured her and took her away.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case due to village politics. He further submits that
the grand daughter of the informant returned to her home
on 11.09.2025 and her statement was recorded under
Section 183 of the Bharatiya Nagarik Suraksha Sanhita,
2023, in which she has stated that she had gone with the
petitioner on 31.08.2025 and returned home on
11.09.2025. Learned Counsel next submits that the
victim, in her statement under Section 183 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, has not
uttered a single word about the physical relationship
established by the petitioner with her. He next submits
that the petitioner is in custody since 11.09.2025 and
charge sheet has been submitted against the petitioner, as
such, there is no likelihood that the petitioner will
abscond and/or tamper with the evidence.
5. On the other hand, learned Counsel for the informant
vehemently opposes the prayer for bail and submits that
Patna High Court CR. MISC. No.4564 of 2026(4) dt.13-05-2026
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the victim is a minor, aged about 14 years, and she has
stated before the police that the petitioner took her to
Pune and established physical relationship with her.
6. Having heard learned Counsel for the parties and taking
into consideration the statement of the victim girl
recorded under Section 183 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and the fact that it is a case of
adolescent love and the petitioner is in custody since
11.09.2025, I am inclined to grant regular bail to the
petitioner.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-VI -cum- Exclusive
Special Judge, POCSO, Rohtas, at Sasaram, in connection
with POCSO Case No. 165 of 2025, arising out of
Sasaram (M) Police Station Case No. 290 of 2025.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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