Suraj Pasawan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16494 of 2026 Arising Out of PS. Case No.-259 Year-2025 Thana- DANIYAWAN District- Patna ====================================================== Suraj Pasawan S/o- Sambhu Paswan R/v- Po- Netar Ps- Daniyawan DistPatna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XX YY R/v- Chhota Hasanpur Po- Khusarupoor Ps- Khusarupoor DistPatna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Chandra, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Daniyawan P.S. Case No. 259 of 2025 registered for the offence punishable under Sections 75, 76, 352, 351(2), 3(5) of the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution, in short, is that the minor daughter of the informant was sitting at the shop of her grandmother. At that time, the petitioner came and asked for cigarette to which she denied, as there was no cigarette in the shop. On this, the accused grabbed her chest and tried to forcibly take her away and also offered cash if she followed her.
Patna High Court CR. MISC. No.16494 of 2026(2) dt.13-03-2026 2/3 On this, the minor daughter started screaming. Her grandmother reached the shop and witnessed the petitioner holding the granddaughter and attempting to assault her. It is further alleged that the petitioner also abused the grandmother and assaulted her.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that during the course of the investigation, the victim has given her statement under recorded under Section 183 of the BNSS, wherein it has been stated by her that the petitioner has caught her top near the chest, pulled her, and also offered cash if she follows her, and it is further alleged that when the grandmother objected, he assaulted her as well. From perusal of the FIR, it is clear that there is no allegation of sexual assault against this petitioner. The petitioner only caught the top of the victim and has assaulted the grandmother. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 03.12.2025.
5. The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.16494 of 2026(2) dt.13-03-2026 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-VII-cum-Exclusive Special Judge, POCSO, Patna in connection with Daniyawan P.S. Case No. 259 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T