Patna High Court
Krishna PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Krishna Paswan was arrested on 15 June 2025 in connection with a case alleging that he raped a six‑year‑old girl, the daughter of an informant, under Section 65 of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. The prosecution presented the victim’s statement recorded under Section 164 of the Criminal Procedure Code and a medical report supporting the allegation. The petitioner’s counsel argued that the petitioner has a clean record and that the FIR is false and fabricated. The learned Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offence and the corroborative evidence. The court, after considering the nature of the allegation and the supporting medical and testimonial evidence, refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a case of alleged rape of a minor under the POCSO Act and Section 65 of the Bihar Narcotic Substances Act, considering the victim’s statement and medical evidence.
Legislation cited
Subjects
- bail
- POCSO
- rape of minor
- medical evidence
- victim statement
- Criminal Procedure Code
- Section 164
- Section 65 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81908 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- Gehlaur District- Gaya
======================================================
Krishna Paswan S/O Late Raghuni Paswan Resident of Village - Mohanpur,
P.S.- Gehlaur, District- Gaya Ji
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O Brajesh Chaudhary Resident of Village - Mohanpur, P.S.-
Gehlaur, District- Gaya Ji.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Jagdhar Prasad, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.06.2025 in connection with Gehlaur P.S. Case No. 49 of
2025, F.I.R. dated 15.06.2025 for the offences punishable under
Section 65 of BNS, 2023 and Sections 4/6 of the POCSO Act.
3. According to prosecution case, this petitioner
committed rape upon the informant's minor daughter aged about
6 years.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.81908 of 2025(3) dt.27-01-2026
2/2
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the F.I.R and victim who
is minor in her statement recorded under Section 164 of
Cr.P.C/183 of B.N.S.S has fully supported the case of the
prosecution and the medical report of the victim also supports
the allegation as alleged in the F.I.R.
6. Considering the nature of allegation supported by
the medical evidence as well as statement of victim, I am not
inclined to enlarge the petitioner on bail in connection with
Gehlaur P.S. Case No. 49 of 2025 pending in the court of
learned Exclusive Special Judge POCSO-cum-Additional
Sessions Judge-VII, Gaya Ji.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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