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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court exercised its inherent powers under Section 482(2) of the CrPC and granted bail to the petitioner.

Summary

The petitioner, Pawan Kumar, was arrested in connection with a case alleging an attempt to rape a 17‑year‑old girl, with charges under Sections 341, 323, 354‑A, 354‑B, 504/34 of the IPC and Section 8 of the POCSO Act. The petitioner contended that the FIR was false, arising from a land‑mortgage dispute with the informant, and highlighted that the FIR was lodged 53 days after the alleged incident. The State opposed bail, emphasizing the seriousness of the offences. The Court noted the unexplained delay in filing the FIR and, invoking its inherent powers under Section 482(2) of the CrPC, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The bail order was conditioned on compliance with the Special Judge’s directions in the pending POCSO case.

Issues considered

  • Whether bail should be granted in a case involving alleged attempted rape of a minor and other serious offences.
  • Whether the delay of 53 days in lodging the FIR raises a presumption of false implication.
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • attempted rape
  • false FIR
  • land dispute
  • delay in FIR
  • inherent powers of High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 69868 of 2024
                  Arising Out of PS. Case No.-52 Year-2024 Thana- SANICHARI District- West Champaran
                 ======================================================
                 Pawan Kumar, S/O Surendra Mahto R/O Village- Mathiya Rasulpur, P.S-
                 Sanichari, Distt.- West Champaran.                ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar.
           2.     Baleshwar Mahto S/O Bhukhal Mahto, R/O Village- Mathiya Rasulpur, P.S-
                  Sanichari, Distt.- West Champaran.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   04-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Sanichari P.S. Case No.                        52 of 2024

                   registered for the offences punishable under Sections 341,

                   323, 354-A, 354-B, 504/34 of the Indian Penal Code and

                   Section 8 of POCSO Act.

                                3. As per FIR, petitioner alleged to made an attempt

                   to commit rape upon the minor daughter of the informant

                   aged about 17 years, while she went to attend the call of

                   nature and when the occurrence was reported to the parents
Patna High Court CR. MISC. No. 69868 of 2024(3) dt.04-02-2026
                                            2/3




          of petitioner, the informant and his family members were

          assaulted and abused by them.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that land of the informant was

          mortgaged with father of the petitioner under oral agreement

          which was asked to release without fulfilling the agreed term

          and conditions and when the same was objected by the father

          of petitioner, the present false case was lodged by the

          informant making his daughter instrumental. It is submitted

          that alleged occurrence took place in early morning of

          12.06.2024 at about 6:00 AM but the FIR in issue was lodged

          on 05.08.2024 i.e. after about two months of the occurrence,

          which only suggest false implication being afterthought.

                       5. Learned APP while opposing the prayer of bail

          submitted that the allegation is specific against the petitioner.

                       6. Let it be so, as FIR in issue lodged with a delay of

          about 53 days of the occurrence without having any just

          explanation, accordingly, above named petitioner, in the

          event of his arrest or surrender before the learned trial Court,

          within a period of four weeks of the order, is directed to be
              Patna High Court CR. MISC. No. 69868 of 2024(3) dt.04-02-2026
                                                          3/3




                        released on bail furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten Thousand) with two sureties of the like amount each to

                        the satisfaction of the learned Special Judge POCSO cum

                        A.D.J.-VI, West Champaran, Bettiah/concerned Court, where

                        the case is pending in connection with Sanichari P.S. Case No.

                        52 of 2024, subject to the conditions as laid down under

                        Section 482(2) of the BNSS.



                                               (Chandra Shekhar Jha, J)
veena/-

U         T


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