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Patna High Court

Dheeraj Kumar @ Dheeraj Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                               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/-

U √     T   √


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