Shyam Kumar @ Shiyram Paswan @ Siyaram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60434 of 2025 Arising Out of PS. Case No.-297 Year-2024 Thana- BODHGAYA District- Gaya ====================================================== Shyam Kumar @ Shiyram Paswan @ Siyaram Paswan S/o Chhedi Paswan R/o Mohalla- Bhalua, P.S.- Bodhgaya, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhagirath Yadav @ Bhagriy Yadav S/o Vindeshwar Yadav R/o VillageMahudar, P.S.- Bodhgaya, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363 of the I.P.C and Sections 8/12 of the POCSO Act.

3. As per the prosecution case, petitioner and others abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the First Information Report was lodged after three days of the occurrence and the medical report of the victim also shows that her age is about nineteen years. It would also appear from the said medical report that there is no internal injury found by the Doctor. The petitioner is in custody since 20.06.2024 and till date the case has not concluded.

Patna High Court CR. MISC. No.60434 of 2025(5) dt.16-02-2026 2/2

5. Learned APP for the State opposed the bail petition on the ground that the present case has been filed under the provision of the POCSO Act and the 164 Cr.P.C statement of the victim discloses a specific allegation against the petitioner of having committed rape with her 2-3 times and that it was the petitioner who had confined her in room. Further, the petitioner has five criminal antecedents.

6. It appears from the records that the victim has not been noticed but since this court is not inclined to grant bail to the petitioner at this stage, there is no requirement of issuance of notice as no order is being passed against her interest.

7. Considering the facts and circumstances of the case and also considering the fact that there is specific allegation against the petitioner, the prayer for bail on behalf of the petitioner stands rejected.

(Soni Shrivastava, J) vashudha/- U T