Kapil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65080 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- BIHTA District- Patna ====================================================== Kapil Paswan, Son of Vakil Paswan, Resident of Village - Singhrakopa, P.S.- Dulhin Bazar, District - Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Vishwamitra Devi, W/o Chanarik Paswan, R/o village-Raghopur P.S.-Bihta Dist-Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Satish Kumar, Advocate For the State :

Dr. Ajeet Kumar, APP for the Informant :

Mr. Sumit Kumar Singh, Advocate Mr. Shaishav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and learned counsel appearing for the informant.

2. The accused/petitioner seeks bail in connection with Special Case No.132 of 2025 arising out of Bihta P.S. Case No. 314 of 2025 registered for the offences punishable under Sections 137(2), 96, 65(2), 61(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').

3. The accused/petitioner is named in the FIR and is

Patna High Court CR. MISC. No.65080 of 2025(3) dt.20-11-2025 2/3 in custody since 10.05.2025.

4. As per FIR, petitioner, who is neighbour of paternal uncle of victim committed penetrative sexual assault upon daughter of informant aged about 12 years.

5. It is submitted by learned counsel appearing for petitioner that victim has refused for medical examination. It is also pointed out that FIR in issue was lodged with delay of four days, without any just explanation, making an afterthought implication. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by Mr. Sumit Kumar Singh, learned counsel appearing for informant while opposing the prayer of bail submitted that the victim, who is aged about 12 years on false pretext of purchasing cloth was confined in a room and, thereafter, penetrative sexual assault was committed upon her by this petitioner, who is a married person. It is pointed out that non-availability of medical report does lead to conclusion ipso facto that penetrative sexual

Patna High Court CR. MISC. No.65080 of 2025(3) dt.20-11-2025 3/3 assault/rape was not committed upon victim. It is further submitted that victim categorically supported the occurrence through her statement recorded under Section 183 of the Bhartiya Nagrik Surakhsa Sanhita, 2023 (in short 'BNSS'), where she stated that this petitioner has committed rape upon her.

7. In view of aforesaid factual submissions and by taking note of incriminating statement of victim as recorded under Section 183 of the BNSS against the petitioner, the prayer of bail of petitioner stands rejected for the present.

8. As petitioner remains in custody since 10.05.2025, the learned Special Court is directed to conclude the trial positively within preferred timeline as provisioned under Section 35(2) of the POCSO Act.

(Chandra Shekhar Jha, J.) Sanjeet/- U T