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Patna High Court

Sanjivan Paswan @ Sanjivan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on condition of bond and sureties.

Summary

The petitioner, Sanjivan Paswan, was charged with rape and related offences under Sections 376(D), 341, 342, 34 of the Indian Penal Code and Section 67(A) of the Information Technology Act. The FIR alleged that he, along with co‑accused, lured the victim with a false promise of marriage, drugged her, and sexually assaulted her on 30‑09‑2023. The petitioner sought bail, arguing that the victim was a major and the alleged relations could be consensual, and that there was no satisfactory explanation for the delay in filing the FIR. The prosecution opposed bail, emphasizing the seriousness of the rape allegation, the viral photograph, and the lack of explanation for the FIR delay. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation with the trial and appearance before the Special Judge (POCSO) in Samastipur.

Issues considered

  • What is the appropriate bail jurisprudence for a case involving alleged rape under IPC 376(D) and related offences?
  • Does the delay in lodging the FIR justify denial of bail?
  • Should the seriousness of the alleged offence outweigh the petitioner's right to bail?

Legislation cited

Subjects

  • bail
  • rape
  • IPC
  • Information Technology Act
  • delay in FIR
  • sexual assault
  • POCSO

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54660 of 2025
                    Arising Out of PS. Case No.-112 Year-2023 Thana- MAHILA P.S. District- Samastipur
                 ======================================================
                 Sanjivan Paswan @ Sanjivan Kumar S/o Ram Lagu Paswan @ Ram Lagan
                 Paswan R/o vill - Dihi, P.S.- Garhpura, Distt.- Begusarai
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Kajal Kumari, D/O Raj Kumar Paswan R/O Village- Haripur, Ward No. 9,
                  P.S. Rosera, District- Samastipur
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rudal Prasad
                 For the Opposite Party/s :        Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-376(D)/341/342/34 of the

                   Indian Penal Code and 67(A) of I.T. Act.

                                3. The brief allegation, as per the FIR, is that the

                   petitioner, along with co-accused Sujeet Kumar and Ram Kumar

                   Pawan, committed rape upon the informant on the false promise

                   of marriage. It is alleged that on 30.09.2023, the informant was

                   lured to a house near Rosera Bazar where she was allegedly

                   drugged with cold water containing an intoxicant and subjected

                   to    sexual      assault     by     the    petitioner.      Upon       regaining

                   consciousness, the informant claims to have found herself on a

                   bed and was assured by co-accused Ram Kumar Paswan that the

                   petitioner would marry her the following month.
Patna High Court CR. MISC. No.54660 of 2025(5) dt.12-01-2026
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                       4. It has been submitted on behalf of the petitioner

          that there is no explanation of delay of more than a few months

          in lodging the FIR. He has also submitted that the allegation is

          on three persons that they had physical relations with the victim

          at the pretext of marriage. Admittedly, the victim is major girl

          and the relations might be consensual. The petitioner is under

          incarceration since 30-01-2025.

                       5. On the other hand, learned counsel for the

          informant opposed the prayer for bail by submitting that the

          petitioner at the pretext of marriage committed rape upon the

          victim. He also made the photograph viral.

                       6. There is no explanation of delay of more than two

          months in lodging the FIR. Final form was submitted by the

          investigating authority and the case was proceeded on the basis

          of protest petition filed by the victim. The petitioner is in

          custody for near about a year and still four witnesses are yet to

          be examined.

                       7. Considering the aforesaid facts and circumstances,

          let the petitioner named above, be released on bail on furnishing

          bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge, (POCSO), Samastipur in connection with Sessions Trial
            Patna High Court CR. MISC. No.54660 of 2025(5) dt.12-01-2026
                                                        3/3




                      No. 244 of 2025 (arising out of Samastipur Mahila) P.S. Case

                      No. 112 of 2023 with condition that the petitioner shall

                      cooperate with the trial of the case and make himself available

                      as and when required by the court.

                                   8. The petitioner will appear in the court below on

                      each and every date fixed in the case, otherwise his bail bond

                      shall be cancelled.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T


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