Patna High CourtCR. MISC./81908/2025rejected

Krishna Paswan v. The State Of Bihar

2026-01-27Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81908 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Gehlaur District- Gaya ====================================================== Krishna Paswan S/O Late Raghuni Paswan Resident of Village - Mohanpur, P.S.- Gehlaur, District- Gaya Ji ... ... Petitioner/s

Versus

The State of Bihar 2.

XXX W/O Brajesh Chaudhary Resident of Village - Mohanpur, P.S.- Gehlaur, District- Gaya Ji.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 15.06.2025 in connection with Gehlaur P.S. Case No. 49 of 2025, F.I.R. dated 15.06.2025 for the offences punishable under Section 65 of BNS, 2023 and Sections 4/6 of the POCSO Act.

3. According to prosecution case, this petitioner committed rape upon the informant's minor daughter aged about 6 years.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.81908 of 2025(3) dt.27-01-2026 2/2 implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and victim who is minor in her statement recorded under Section 164 of Cr.P.C/183 of B.N.S.S has fully supported the case of the prosecution and the medical report of the victim also supports the allegation as alleged in the F.I.R.

6. Considering the nature of allegation supported by the medical evidence as well as statement of victim, I am not inclined to enlarge the petitioner on bail in connection with Gehlaur P.S. Case No. 49 of 2025 pending in the court of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VII, Gaya Ji.

7. Prayer is refused.

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