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2025 DAILYLAW 37865 (PAT)

Ganesh Paswan @ Arjun Kumar v. The State of Bihar

CR. MISC./28120/2025 · 2025-05-13

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28120 of 2025 Arising Out of PS. Case No.-22 Year-2024 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Ganesh Paswan @ Arjun Kumar Son of Krishna Paswan Village- Ugawan, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Dayawati Devi Wife of Late Suresh Paswan village- Samas Bujurg, Paswan tola, Ps- Barbigha, Dist- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Krishna Jha For the Opposite Party/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Special Case (POCSO) No. 12 of 2025 arising out of Sheikhpura Mahila P.S. Case No. 22 of 2024 dated 29.06.2024 registered for the offences punishable u/ss 420, 354, 376, 323, 341, 504, 506 read with section 34 of the Indian Penal Code, section 3(1)(r)(s), 3(2)(va) of the SC/ST Act and sections 8/12 of the POCSO Act. 3. As per the prosecution case, the petitioner along with other co-accused are alleged to have behaved indecently and abused the informant’ minor grand-daughter/victim and Patna High Court CR. MISC. No.28120 of 2025(2) dt.13-05-2025 2/3 after seeing the informant both accused persons left her grand- daughter/victim girl and ran away. When she asked her grand- daughter/victim girl, she told when she was studying in class- 10th, the accused Deepak Kumar used to tease her on the way after that we started talking and he had sexual relations with her by luring her on the pretext to get married with her. After the death of her father in 2018, the accused/petitioner along with other co-accused took Rs. three lacs of the LIC by luring her with promise of marriage and also sexually exploited her at several occasions. It is further alleged that the accused Deepak Kumar sent vulgar text messages on the mobile of victim girl. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of sexual assault is against the co-accused Deepak Kumar. The allegation against the petitioner is only of abusing. The petitioner is the Bahnoi of the co- accused Deepak Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances Patna High Court CR. MISC. No.28120 of 2025(2) dt.13-05-2025 3/3 of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Special Case (POCSO) No. 12 of 2025 arising out of Sheikhpura Mahila P.S. Case No. 22 of 2024. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T