Patna High Court
Sanjivan Paswan @ Sanjivan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 34, 341, 342, 376(D)
- Information Technology Act — s. 67(A)
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
2/3
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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