Gopal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11822 of 2025 Arising Out of PS. Case No.-38 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== 1.

Gopal Paswan S/O Garib Paswan Resident of Mohalla- Jankidih, P.S.- Chanan District- Lakhisarai, 2.

Mukesh Paswan S/O Bhajju Paswan Resident of Mohalla- Jankidih, P.S.- Chanan District- Lakhisarai, ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mona Kumari D/O Lakho Paswan Resident of Mohalla- Jankidih, P.S.- Chanan District- Lakhisarai, ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr.Md Irshad For the Opposite Party/s :

Mr.Umanath Mishra CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-11-2025 Heard the learned counsel for the parties.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354, 354(A), 354(B), 354(D), 504, 506 and 294/34 of the IPC and Section 08/18 of the POCSO Act, registered in connection with Lakhisarai Mahila P.S.Case No. 38/2022.

3. As per the prosecution case, the victim/informant is a 16-year-old girl. She states in her written report that the petitioners came to her house and after catching hold of her hands, petitioner no.2 started

Patna High Court CR. MISC. No.11822 of 2025(6) dt.10-11-2025 2/3 snatching her dupatta. Both the petitioners threw her on the ground. When her mother came to rescue her, the petitioners also assaulted the mother of the victim.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated. As a matter of fact, the elder sister of the victim had solemnized love marriage with the assistance of the petitioners, which is the reason for vendetta and false implication of the petitioners in the present case. The petitioners are the persons of clean antecedents.

5. On the other hand, Mr. Shailendra Kumar, the learned APP for the State, has opposed the prayer for anticipatory bail.

6. Considering the above facts and circumstances specially the clean antecedents of the petitioners, let them in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned ADJ-VI-cum-Special Judge (POCSO), Lakhisarai in connection with Lakhisarai Mahila P.S.Case No. 38/2022, subject to the conditions as laid

Patna High Court CR. MISC. No.11822 of 2025(6) dt.10-11-2025 3/3 down under Section 438(2) CrPC/482(2) of the BNSS.

7. The petitioners shall remain present physically before the learned court below on each and every date till framing of charges.

(Nawneet Kumar Pandey, J) HR/- U T