Patna High Court
Nandu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was rejected, as the serious nature of the child‑rape allegation and the victim’s statement under the Bharatiya Nagarik Suraksha Sanhita preclude bail.
Summary
The petitioner, Nandu Paswan, applied for regular bail in a case registered under section 65(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act, alleging that he raped the eight‑year‑old daughter of the informant. The prosecution presented the victim’s statement under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, supporting the allegation. The petitioner claimed false implication, lack of criminal antecedent, and absence of corroborating witnesses. The State opposed bail, emphasizing the seriousness of the child‑rape charge and the victim’s corroborated statement. The court, after hearing both sides, held that the gravity of the offence and the victim’s statement warranted denial of bail and ordered the trial court to expedite the trial.
Issues considered
- Whether regular bail can be granted to an accused of child rape under the Bharatiya Nyaya Sanhita and POCSO Act when the victim’s statement supports the allegation.
- Whether the seriousness of the offence and the victim’s corroborated statement preclude the grant of bail despite the petitioner’s claim of false implication and clean record.
Legislation cited
Subjects
- bail
- child rape
- POCSO
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87940 of 2025
Arising Out of PS. Case No.-476 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Nandu Paswan S/o Late Laldhar Paswan R/o Village- Dakshin Nonya Ward
No 1, P.S.- Paharpur, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village- Dakshin Nonya, ward no. 1, P.S.- Paharpur, District-
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dhannjay Kumar II, Advocate
Ms. Sonalika Kumari, Advocate
For the State : Ms. Renuka Ratnakar, APP
For the Informant : Mr. Suraj Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Paharpur P.S. Case
no.476 of 2025, registered under section 65(2) of Bharatiya
Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, the informant states
that the petitioner committed rape on her 8 year old daughter.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of
enmity. The witnesses have not supported the prosecution case.
Patna High Court CR. MISC. No.87940 of 2025(3) dt.20-02-2026
2/2
The petitioner has no criminal antecedent and is in custody since
4.9.2025. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the opposite party
no.2. Learned counsel for the opposite party no.2 submits that
there is direct allegation against the petitioner of having ravaged
the 8 year old daughter of the informant. It is further submitted
that the allegations has been supported by the 8 year old victim
in her statement under section 183 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the F.I.R. together with the allegations against the
petitioner having been supported by the 8 year old victim in her
statement under section 183 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, the Court is not inclined to enlarge the petitioner
on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
avinash/-
U T
Checking your session…