Subodh Paswan @ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87590 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- KARJAIN District- Supaul ====================================================== Subodh Paswan @ Subodh Kumar, Male, aged 25 years, S/o Pradeep Paswan @ Pradip Kumar Paswan, R/o vill - Karjain, P.S. - Karjain, Distt.- Supaul ... ... Petitioner
Versus
1.
The State of Bihar 2.
Rani Kumari @ Babita Kumari, D/o Sanjiv Ram, R/o vill - Karjain, P.S. - Karjain, Distt.- Supaul ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Bindeshwar Prasad Singh, Advocate For the State :
Mr. Binay Krishna, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with POCSO Case No. 105 of 2024, arising out of Karjain P.S. Case No. 132 of 2024 dated 03.09.2024 registered for the offences punishable under Sections 126(2), 127(2), 115(2), 76, 78 read with Section 3(5) of the B.N.S., Section 67 of the I.T. Act, Section 8 of the POCSO Act, Sections 3(1)(r) and 3(1) (w) of the SC/ST Act.
3. As per the prosecution case, the marriage of the informant was fixed with the girl but due to economic condition, the in-laws family of the petitioner requested for further time. In the meantime, the petitioner and other co-accused persons
Patna High Court CR. MISC. No.87590 of 2024(3) dt.01-05-2025 2/3 forced the informant to call the said girl and thereafter undressed the informant and the girl and made obscene videos of them and paraded them to home and forcibly got them married. Later on, the videos were put on social electronic media, completely lowering the image of the two victims as also their family members.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has no concern with the alleged offence. The petitioner was not involved either in making the obscene video or viral the same on the social media. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The marriage of the informant and the victim girl was fixed four months ago and thereafter they solemnized marriage in the house of the victim and after that the victim has been residing in her in-laws house. It is further submitted that the other co-accused person, Ganesh Mehta @ Ganesh Kumar Mehta has already been granted bail by a Bench of this Court vide Cr. Misc. No. 8415 of 2025 under order dated 08.04.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 05.09.2024.
Patna High Court CR. MISC. No.87590 of 2024(3) dt.01-05-2025 3/3
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Supaul in connection with Karjain P.S. Case No. 132 of 2024 with further condition:- I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T