Bhuneshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53755 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- PALI District- Jehanabad ====================================================== Bhuneshwar Paswan S/O Late Chamari Paswan R/O Village- Sikaria, PSPali, district- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 123, 64(1), 61(2) of the Bhartiya Nyaya Sanhita, 2023.
3. The informant namely, Puja Kumari, alleged that on 04.09.2024, this petitioner came at her house and forced her to drink intoxicant mixed, due to which, the informant became unconscious and thereafter, this petitioner committed rape upon her.
4. Learned counsel for the petitioner submits that petitioner is father-in-law of informant and has been falsely implicated in this case. F.I.R. has been lodged with malafide intention, as the informant had solemnized love-marriage with
Patna High Court CR. MISC. No.53755 of 2025(2) dt.18-08-2025 2/3 son of petitioner in the month of June, 2018 and after about 4 years of marriage, some dispute arose between them, as a result of which, informant filed Matrimonial (Divorce) Case No. 127 of 2023 under Section 13(B) of Hindu Marriage Act, which was dismissed for default, and thereafter, again she filed Matrimonial (Divorce) Case No. 161 of 2024 under Section 13(1) of Hindu Marriage Act, in which, notice has been issued to her husband (son of petitioner). Informant also filed a complaint case, vide Complaint Case No.
158 of 2025, in the court of learned Chief Judicial Magistrate, Jehanabad wherein she categorically stated that after matrimonial dispute, she is residing at her parents' house and only with a view to settle the matrimonial dispute, she has filed present case against this petitioner, who is father-in-law, aged about 61 years. Learned counsel for the petitioner further submits that it is hard to believe that a father-in-law would commit such heinous offence at 6 o'clock in the evening with his own daughter-in-law, that too in a rented house.
5. Learned A.P.P. opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail
Patna High Court CR. MISC. No.53755 of 2025(2) dt.18-08-2025 3/3 on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad in connection with Pali P.S. Case No. 50 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) anay/- U T