Patna High Court
Sandeep Paswan @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- KHATIM REZA
Holding
The court denied bail to the petitioner, holding that the nature of the allegations and the evidence on record warranted continued detention.
Summary
The petitioner, Sandeep Paswan, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act for allegedly raping the minor daughter of an informant on the night of a marriage ceremony. The prosecution alleged that the petitioner and a co‑accused forcibly assaulted the child, gagged her and threatened her life. The petitioner argued that the FIR indicated a marriage ceremony was taking place at his house, making the alleged act improbable, that there was no documentary proof of the victim's minority, and that the medical report did not support the charges; he also highlighted his clean antecedents. The State and the informant opposed bail, citing the victim’s recorded statement under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023. The court, considering the seriousness of the allegations and the material on record, refused bail, directing the trial court to expedite the trial within a year. The bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual assault of a minor under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the absence of documentary proof of the victim's minority and the medical report affect the bail decision.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 183
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 65(1), 70(2)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- sexual assault
- minor
- POCSO
- criminal procedure
- Bharatiya Nyaya Sanhita
- evidence
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71064 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Sandeep Paswan @ Sandeep Kumar, Male, aged about 22 years, S/o Jogindar
Paswan, resident of village- Madhubani Ghat, P.S.- Muffasil, District- East
Champaran at Motihari
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deolal Paswan, son of Ram Chandra Paswan, R/o Village- Madhubani Ghat,
P.S - Muffasil, District - East Champaran at Motihari
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh, Advocate
For the State : Mr. Mohammad Sufyan, APP
For the OP No.2 : Mr. Manjeet Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner; learned
Additional Public Prosecutor for the State as well as learned
counsel for the informant.
2. The petitioner seeks bail in connection with
Muffasil PS Case No.333 of 2025 dated 29.05.2025, instituted
for the offence punishable under Sections 126(2), 115(2), 65(1),
70(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023, and Section 4 of the Protection of Children from Sexual
Offences Act.
3. The prosecution case, in brief, is that on the alleged
date of occurrence at about 1.00 in the night, the minor daughter
Patna High Court CR. MISC. No.71064 of 2025(4) dt.21-01-2026
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of the informant was coming home after attending marriage
ceremony of the daughter of Jogindar Paswan. On the way, the
petitioner and another co-accused caught her and forcibly
established physical relation with her by gagging her mouth and
also threatened her to kill. When the informant visited the house
of the accused persons to inform about the incident, accused
persons had abused and tried to assault him.
4. Learned counsel for the petitioner submits that from
the FIR itself it would appear that there was marriage ceremony
going on in the house of the petitioner and it is highly
improbable that the petitioner would commit such an act in
whose house marriage ceremony of his sister was going on. The
petitioner is the next door neighbor of the informant. There is no
document to show that the victim is a minor. Further submission
is that the medical report does not support the case of the
prosecution. Further submission is that the petitioner is in
custody since 30.05.2025 having clean antecedents.
5. Learned APP as well as learned counsel for the
informant has opposed the prayer for bail. Learned counsel for
the informant submits that statement of the victim has been
recorded under Section 183 of the Bharatiya Nagrik Suraksha
Sanhita, 2023, in which, she has clearly supported the allegation
Patna High Court CR. MISC. No.71064 of 2025(4) dt.21-01-2026
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against the petitioner and another accused.
6. Having regard to the nature of allegation levelled
against the petitioner and the materials available on record, I am
not inclined to release the petitioner on bail at present.
7. Accordingly, prayer of the petitioner for bail is
rejected for the present.
8. The learned trial Court is directed to expedite the
trial and take all endeavor to conclude the trial as early as
possible, preferably, within a period of one year from the date of
receipt/production of a copy of this order.
9. The application stands dismissed.
(Khatim Reza, J)
J. Alam/-
U T
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