Patna High Court
Tripurari Paswan@ Trideo Wardan Tripurari @ Tridev Wardhan TripurariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Tripurari Paswan, was accused of raping the minor daughter of an informant who was employed as his domestic help, leading to her pregnancy. The FIR alleged two instances of rape in 2025, and the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita supported the prosecution. The petitioner applied for anticipatory bail, fearing arrest under Section 64(2)(m) of the Bharatiya Nyaya Sanhita and Sections 4, 6 and 12 of the Protection of Children from Sexual Offences Act. The Court examined the seriousness of the allegations, the victim’s corroborated statement, and the nature of the offences. Considering the gravity of the charges and the victim’s testimony, the Court refused the petition for anticipatory bail. Consequently, the petitioner remains liable to be arrested and face trial on the charges.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged rape of a minor under the Bharatiya Nyaya Sanhita and the POCSO Act
- Whether the victim’s statement under Section 183 of the Bharatiya Nyaya Sanhita warrants denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 183, 64(2)(m)
- Protection of Children from Sexual Offences Act — s. 12, 4, 6
Subjects
- anticipatory bail
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- sexual offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82500 of 2025
Arising Out of PS. Case No.-340 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Tripurari Paswan@ Trideo Wardan Tripurari @ Tridev Wardhan Tripurari Son
of Late Ram Kishun paswan @ Guruji R/o Village - Chhaurahi Baruar, PS -
Babubarhi, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dukhi Saryug Paswan Son of Late Saryug Paswan R/o Village - Chorhi
Baruar, P.S - Babubarhi, Dist. - Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
For the Informant : Mr. Bhavesh Kumar Sah, Ms. Archna Anand, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 64(2)(m) of the
Bharatiya Nyaya Sanhita and Sections 4, 6, 12 of the Protection
of Children from Sexual Offences Act.
3. As per F.I.R., this petitioner committed rape with
minor daughter of the informant, who was working as domestic
help of this petitioner, as a result of which she got pregnant.
Victim in her statement recorded under Section 183 BNSS has
supported the prosecution case and stated that this petitioner
raped her twice in the year 2025.
Patna High Court CR. MISC. No.82500 of 2025(2) dt.05-01-2026
2/2
4. Considering the nature of accusation and statement
of the victim recorded under Section 183 BNSS, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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