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Patna High CourtCR. MISC./4564/2026bail granted

Dheeraj Kumar @ Dheeraj Kumar Paswan v. The State Of Bihar

2026-05-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4564 of 2026 Arising Out of PS. Case No.-290 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Dheeraj Kumar @ Dheeraj Kumar Paswan Son of Panalal Paswan Resident Of Village - Khapra, P.S. - Akorhigola, Dist. - Rohtas, Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX S/o YYY Resident of - Bhaisihi Khurd, P.S - Sasaram, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh Mr. Mukesh Kumar For the State :

Mr.Uday Chand Prasad For the O. P. No. 2 :

Mr. Ram Nibash Prasad Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2026

1. Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with POCSO Case No. 165 of 2025, arising out of Sasaram (M) Police Station Case No. 290 of 2025, dated 01.09.2025, registered for the offences punishable under Sections 137(2)/96 of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that the minor grand daughter of the informant, aged about 14 years, became trackless from 30.08.2025 in the

Patna High Court CR. MISC. No.4564 of 2026(4) dt.13-05-2026 2/3 night. The informant tried to search her, when he came to know that the petitioner talked with this grand daughter and he allured her and took her away.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the grand daughter of the informant returned to her home on 11.09.2025 and her statement was recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in which she has stated that she had gone with the petitioner on 31.08.2025 and returned home on 11.09.2025. Learned Counsel next submits that the victim, in her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has not uttered a single word about the physical relationship established by the petitioner with her. He next submits that the petitioner is in custody since 11.09.2025 and charge sheet has been submitted against the petitioner, as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

5. On the other hand, learned Counsel for the informant vehemently opposes the prayer for bail and submits that

Patna High Court CR. MISC. No.4564 of 2026(4) dt.13-05-2026 3/3 the victim is a minor, aged about 14 years, and she has stated before the police that the petitioner took her to Pune and established physical relationship with her.

6. Having heard learned Counsel for the parties and taking into consideration the statement of the victim girl recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the fact that it is a case of adolescent love and the petitioner is in custody since 11.09.2025, I am inclined to grant regular bail to the petitioner.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI -cum- Exclusive Special Judge, POCSO, Rohtas, at Sasaram, in connection with POCSO Case No. 165 of 2025, arising out of Sasaram (M) Police Station Case No. 290 of 2025. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √