Subash Paswan @ Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27740 of 2026 Arising Out of PS. Case No.-447 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Subash Paswan @ Subhash Paswan S/o Marachhu Paswan R/o Village - Lakhmanpur, P.S - Chainpur, District - Kaimur at Bhabhua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/o YYY R/o village - Lakhmanpur, P.S - Chainpur, District - Kaimur at Bhabhua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Ms. Suman Kumari Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 25.09.2025 in connection with POCSO Case No.161 of 2025 arising out of Chainpur P.S. Case No. 447 of 2025, F.I.R. dated 24.09.2025 for the offences punishable under Sections 64, 96 and 352 of the BNS, 2023 and Sections 4 and 6 of the POCSO Act.

3. According to prosecution case, this petitioner on the pretext of marriage has established physical relation with the informant's daughter.

Patna High Court CR. MISC. No.27740 of 2026(2) dt.27-04-2026 2/3

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim has been recorded under Sections 180/183 of the BNSS, 2023 in which she has admitted that she was in love with the petitioner and this petitioner on the pretext of marriage has established physical relation with her and due to this she became pregnant. The year of birth of victim is 2009 which suggest that on the date of occurrence she was only about 16 years.

6. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 161 of 2025 arising out of Chainpur P.S. Case No. 447 of 2025 pending in the court of learned Additional Sessions Judge -VI cum Special Judge, Kaimur at Bhabua.

7. Prayer is refused.

Patna High Court CR. MISC. No.27740 of 2026(2) dt.27-04-2026 3/3

8. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T