IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48586 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- DHORAIYA District- Banka ====================================================== Hiralal Paswan @ Heeralal Paswan S/o- Sachida Nand Paswan Resident of village- Kushmi Ps- Dhoraiya District- Banka ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Versha Kumari D/o- Nirmal Singh Village- Kushmi Ps- Dhoraiya Dist- Banka ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP For the Informant : Mr. Shambhu Saran Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 24-09-2025 Heard Mr. Sudhir Kumar Mishra, learned counsel for the petitioner; Mr. Shambhu Saran Singh, learned counsel for the informant and Mrs. Renu Kumari, learned APP for the State. Perused the case diary. 2. The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 128 of 2025 instituted for the offences under Sections 126(2), 115(2), 78(1), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case in short is that the petitioner used to send vulgar messages on the informant’s Instagram ID and threaten her with a pistol. It is further alleged that he molested her on the way to school and, while showing pistol, Patna High Court CR. MISC. No.48586 of 2025(4) dt.24-09-2025 2/3 forced her to make physical relations with him and other co- accused. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that there is a delay of about 10 months in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.04.2025 and has no criminal antecedent. 5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhoraiya P.S. Case No. 128 of 2025, subject to the following conditions: Patna High Court CR. MISC. No.48586 of 2025(4) dt.24-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses or threatens the informant or her family members, in that case, the prosecution will be at liberty to move for cancellation of bail. Alok Verma/- (Rudra Prakash Mishra, J) U T