Patna High Court
Rambabu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bond and conditions, as the prosecution’s case lacked corroborative testimony.
Summary
The petitioner, Rambabu Paswan, was charged under IPC sections 363, 366(A), 376 and 506 and Section 4 of the POCSO Act for allegedly kidnapping a minor, confining her for a month and having sexual relations with her. The FIR alleged that the victim was later dropped near her home and threatened with death if she disclosed the incident. During trial, the victim, her parents and another witness turned hostile and did not support the prosecution, a fact conceded by the informant’s counsel. The petitioner’s counsel argued that he was falsely implicated and had been in custody since 12‑11‑2024. Considering the lack of supportive testimony and the circumstances, the court ordered the petitioner’s release on regular bail with a bond of Rs 10,000 and two sureties, subject to his cooperation in the trial. The bail order was directed to be implemented by the Additional District and Sessions Judge‑VI‑cum‑Special Judge, POCSO, Hajipur.
Issues considered
- Whether regular bail can be granted in a POCSO case involving offences under Sections 363, 366(A), 376, 506 of the IPC and Section 4 of the POCSO Act despite the seriousness of the allegations.
Legislation cited
- Indian Penal Code — s. 363, 366A, 376, 506
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- POCSO
- kidnapping
- sexual assault
- hostile witnesses
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67630 of 2025
Arising Out of PS. Case No.-379 Year-2023 Thana- VAISHALI District- Vaishali
======================================================
Rambabu Paswan Son of Nageshwar Pawan Resident of Village - Bagahiya,
P.S. - Karja, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of Mr. Y R/o Village - Vaishali Dhanwari, P.S. - Vaishali,
District - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Soni Kumari
For the State : Mr. Ahmad Ali
For the Informant : Mr. Ambrish Kumar
Mr. Mukul Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner as well as
informant and learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with POCSO G.R. No. 37 of 2025 arising out of Vaishali
P.S. Case No. 379 of 2023, registered for the offences punishable
under Sections 363/366(A)/376/506 of the IPC and Section 4 of the
POCSO Act.
3. As per the FIR, the informant has alleged that the
petitioner kidnapped the victim and confined her in a closed room for
a period of one month, during which he established physical relations
with her. Thereafter, the petitioner allegedly dropped the victim near
her house and threatened to kill her if she disclosed the incident to
Patna High Court CR. MISC. No.67630 of 2025(3) dt.05-01-2026
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anyone.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that the victim, her mother, her
father and one more witness have been examined during the trial and
they did not support the prosecution case and they turned hostile
during their deposition. It has further been submitted that the
petitioner is in custody since 12.11.2024.
5. Learned counsel for the informant fairly conceded that
the victim did not support the prosecution case.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Additional District and
Sessions Judge-VI-cum-Special Judge, POCSO, Hajipur, Vaishali in
connection with POCSO G.R. No. 37 of 2025 arising out of Vaishali
P.S. Case No. 379 of 2023, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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