Patna High Court
Bharat Paswan @ Bihari PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 354-B, 504
- Protection of Children from Sexual Offences Act — s. 8
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
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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
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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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