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Patna High Court

Bharat Paswan @ Bihari PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, subject to conditions, as the allegations did not prima facie indicate sexual intent and the petitioner was a person of clean antecedent.

Summary

The petitioner, Bharat Paswan, was named in an FIR for offences under IPC sections 341, 323, 354‑B, 504/34 and Section 8 of the POCSO Act, alleged to have outraged the modesty of a minor girl and touched her cheek. The petitioner’s counsel argued that the informant, who resides with her maternal uncle, habitually files false cases to pressurise him in a parallel land‑dispute, and that the alleged conduct lacked sexual intent. The opposing counsel contended that the allegations were specific and the victim was a minor of about 15 years. The court examined the credibility of the informant’s claim and the possibility of false prosecution, and noted that the petitioner had a clean antecedent. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged outrage of modesty of a minor under the POCSO Act and related IPC offences.
  • Whether the allegations constitute a false or malicious prosecution aimed at pressurising the accused in a land dispute.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault
  • minor
  • false allegations
  • land dispute
  • IPC
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69979 of 2024
                        Arising Out of PS. Case No.-136 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Bharat Paswan @ Bihari Paswan Son of Sri Ganga Paswan R/O-Village-
                 Bhadwa, Police Station -Rajoun, District- Banka
                                                                   ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     XXX (Victim) D/O- Dayanand Paswan Resident of Village- Pakariya, P.S.-
                  Pathargama, Distt.- Godda (Jharkhand), At present R/O- Village- Bhadwa,
                  P.S.- Rajaoun, Distt.- Banka
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Mukherjee
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   04-02-2026                  Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Rajoun P.S. Case No.

                   136 of 2024 registered for the offences punishable under Sections

                   341, 323, 354-B and 504/34 of the Indian Penal Code and

                   Section 8 of the POCSO Act.

                                3. As per FIR, petitioner alleged to outrage the modesty

                   of minor daughter of the informant and also alleged to touch her

                   cheek during the occurrence. Allegation of mishandling is also

                   available.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that informant usually reside with the

                   family of her maternal uncle. It is pointed out that between two
Patna High Court CR. MISC. No.69979 of 2024(3) dt.04-02-2026
                                            2/3




          agnates there is land dispute and therefore by making this

          informant instrumental present case was lodged to pressurize

          petitioner and his family to enter into compromise in the land

          dispute. It is submitted that after passing of no coercive order in

          this case vide order dated 21.10.2024, two false cases of almost

          similar allegation was lodged against this petitioner with same

          police station making informant instrumental. It is submitted that

          even as per FIR the allegation qua sexual assault (non-

          penetrative) not appears with sexual intent as same cannot co-

          exist with allegation of mishandling and abuse. While concluding

          argument, it is submitted that petitioner is a man of clean

          antecedent.

                       5. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of bail submitted that

          allegation is specific against this petitioner as to outrage the

          modesty of informant, who is minor aged about 15 years.

                        6. Let it be so, as informant is in habit of lodging such

          criminal cases against petitioner, where she appears to lodge two

          more cases of similar nature after “no coercive” order in the

          present case, where occurrence prima-facie, not suggest that it

          place with sexual intent, accordingly petitioner above-named, in

          the event of his arrest or surrender before the court below within a
               Patna High Court CR. MISC. No.69979 of 2024(3) dt.04-02-2026
                                                           3/3




                         period of four weeks, is directed to be 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

                         Additional     Sessions      Judge-6-cum-Special     Judge   (POCSO),

                         Banka/concerned Court, where the case is pending in connection

                         with Rajoun P.S. Case No. 136 of 2024, subject to the conditions

                         as laid down under Section 438(2) of the Cr.P.C/ Section 482(2)

                         of BNSS.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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