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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52641 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- SAUR BAZAR District- Saharsa ====================================================== Prashant Kumar @ Prashant Paswan @ Prashant Kumar Paswan, S/O Laddu Paswan Resident of Village- Badsam, P.S- Saurbazar, District- Saharsa, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi, W/O Mohan Paswan, R/O Village- Badsam, P.S- Saur Bazar, Distt.- Saharsa, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2025 Heard Mr. Amarnath Jha, learned counsel for the petitioner and Mr. Gulnar Begum, learned APP for the State.

2. The petitioner has prayed for bail in connection with Saur Bazar P.S. Case No. 113 of 2025 registered for the offence punishable under Sections 126(2), 118(1), 74, 351(2) of the B.N.S. and Sections 3 and 7 of the POCSO Act.

3. The case of the prosecution, in short, is that the petitioner took the minor daughter of the informant at a dark place on pistol point and made a video biting the cheek and also attempted to misbehave with her. When the daughter of the informant raised alarm, she was being threatened of dire consequences. It is further alleged that the video was made viral

Patna High Court CR. MISC. No.52641 of 2025(4) dt.05-12-2025 2/3 on the facebook.

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. It has further been submitted during trial, the victim of this case has been examined as P.W.1 and in her examination-inchief, she has stated that this case has been filed by her mother. When she has gone in a marriage party and when she was returning form there, three boys came there and pushed her. She does not identify those boys. She has further stated that her mother and other girls were there who were returning with her. She does not know the names of her friends who were with her. She has further stated that police has not taken her statement and she has identified her statement given under 183 of the B.N.S.S.

It has also been submitted that from perusal of the statement of victim recorded under Section 183 of the B.N.S.S. it is clear that the only allegation against the petitioner is that he has clicked the photo giving bite in left cheek of the minor daughter of the informant and that photo has been made viral. It has also been submitted that during trial the victim herself has not identified the petitioner.

Patna High Court CR. MISC. No.52641 of 2025(4) dt.05-12-2025 3/3 23.04.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

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 A.D.J.- VI-cum-Special Judge, POCSO, Saharsa in connection with Saur Bazar P.S. Case No. 113 of 2025.

(Ashok Kumar Pandey, J) lata/- U T