Patna High Court
Rudal PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the offence against a minor was deemed heinous.
Summary
The petitioner, Rudal Paswan, a 71‑year‑old man, was charged with raping a 10‑year‑old girl under Sections 126(2), 127(2) and 64 of the Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act. He has been in custody since 6 October 2025. He applied for bail before the Patna High Court. The Court considered the seriousness of the offence, the victim’s minor status, and the appellant’s age, and concluded that the nature of the crime warranted denial of bail. Consequently, the bail application was dismissed. The judgment was limited to the bail issue and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to an accused of rape of a minor under the Bharatiya Nyaya Sanhita and POCSO Act?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 126(2), 127(2), 64
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8765 of 2026
Arising Out of PS. Case No.-688 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Rudal Paswan S/o- Late Mahima Ram @ Late Mahima Singh Village-
Khirodharpur Ps- Bikramganj District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mother of victim X (informent) W/o- Vijay Pasi Village- Khirodharpur Ps-
Bikramganj District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhaskar Shankar, Advocate
For the State : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bikramganj P.S. Case No. 688 of 2025 registered for the offence
punishable under Sections 126(2), 127(2) and 64 of the
Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act.
3. The petitioner, who is 71 years old man, has
committed rape with the 10 years old child.
4. The petitioner is in custody since 06.10.2025.
5. Considering the heinous nature of offence against
the minor child, I am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.8765 of 2026(3) dt.31-03-2026
2/2
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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