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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14388 of 2026 Arising Out of PS. Case No.-156 Year-2023 Thana- KUTUMBA District- Aurangabad ======================================================
1. Rampukar Paswan S/O Jagdish Paswan R/O Village- Lila Bigha, P.S- Kutumba, Distt.- Aurangabad. 2. Shyam Sundar Paswan S/O Jagdish Paswan R/O Village- Lila Bigha, P.S- Kutumba, Distt.- Aurangabad. 3. Vipin Paswan @ Vipin Kumar @ Sankar Paswan S/O Shyam Sundar Paswan R/O Village- Lila Bigha, P.S- Kutumba, Distt.- Aurangabad. 4. Sanjeet Kumar @ Kana @ Kana Rajwar S/O Late Nandu Rajwar R/O Village- Lila Bigha, P.S- Kutumba, Distt.- Aurangabad. 5. Amola Rajwar @ Amol Rajwanshi S/O Late Nandu Rajwar R/O Village- Chhakan Bagh, P.S- Kutumba, Distt.- Aurangabad. 6. Bajaniya Rajwar @ Ajit Kumar S/O Late Nandu Rajwar R/O Village- Chhakan Bagh, P.S- Kutumba, Distt.- Aurangabad. ... ... Petitioner/s Versus
1. The State of Bihar
2. Manoj Rajwar S/o Late Umesh Rajwar R/o Vill- Chhakkan Bagh, P.S.- Kutumba, Distt- Aurangabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mukul Kumari For the Opposite Party/s : Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 25-03-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of POSCO G.R. Case No. 69 of 2023, arising out of Kutumba Police Station Case No. 156 of 2023, dated 16.06.2023, disclosing offences punishable under Sections 341/323/354/380/354(A)/354(B)/354(2) of the
Patna High Court CR. MISC. No.14388 of 2026(2) dt.25-03-2026 2/4 Indian Penal Code, Sections 8/12 of the Prevention of Children from Sexual Offences Act, 2012 and Section 67 of the I. T. Act. 3. The prosecution case, as per the First Information Report, is that on 13.03.2023, at about 04:30 AM, when the daughter of the informant went to attend the nature’s call in the courtyard of the house, she raised alarm. When the family members, including the informant, woke up, they saw that petitioner no. 4 had caught the hands of her minor daughter and was pressing her mouth. When the petitioner no. 4 saw them, he fled away. 4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case with ulterior motive.
He further submits that for the occurrence of 13.03.2023, initially a complaint was filed on 12.05.2023, which was later on converted into First Information Report on 16.06.2023. He further submits that except against petitioner no. 4, there is not even a whisper of any overt act. 5. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for bail and submits that there is direct allegation against the petitioner no. 4 of
Patna High Court CR. MISC. No.14388 of 2026(2) dt.25-03-2026 3/4 outraging the modesty of a minor girl. 6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is direct allegation against the petitioner no. 4 that he tried to outrage the modesty of a minor girl, I am not inclined to grant the petitioner no. 4 privilege of anticipatory bail. 7. This application, so far as petitioner no. 4 is concerned, is dismissed. 8. However, considering the fact that there is no allegation against petitioner nos. 1, 2, 3, 5 and 6, I am inclined to grant the petitioner nos. 1, 2, 3, 5 and 6 privilege of anticipatory bail. 9. This application, so far as petitioner nos. 1, 2, 3, 5 and 6 are concerned, is allowed. 10. Let the petitioner nos. 1, 2, 3, 5 and 6, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Exclusive Judge, POCSO, Aurangabad, in connection with POSCO
Patna High Court CR. MISC. No.14388 of 2026(2) dt.25-03-2026 4/4 G.R. Case No. 69 of 2023, arising out of Kutumba Police Station Case No. 156 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √