Allowed¶21

Baiju Paswan v. The State of Bihar

Patna HC19 Apr 2025CR. MISC./10305/2025

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; Criminal Miscellaneous No.10305 of 2025; decided 19-04-2025; Chandra Prakash Singh, J; Mufassil P.S. Case No. 79 of 2024, Gaya; IPC Sections 341, 323, 354B, 504, 506 read with Section 34; PCOSO Act Sections 8 & 12; molestation / outraging modesty of victim; no specific overt act attributed to petitioner; parity with co-accused bailed by Co-ordinate Bench on 01.07.2024 in Cr. Misc. No. 47586 of 2024; petitioner in custody since 03.01.2025; bail-bond Rs.20,000/- with two sureties of like amount; application allowed.

What did the court decide?

Petitioner enlarged on regular 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 Court concerned, Gaya, in connection with Mufassil P.S. Case No. 79 of 2024. ¶21

Baiju Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Mufassil P.S. Case No. 79 of 2024 dated 29.01.2024, registered for offences under Sections 341, 323, 354B, 504, 506 read with Section 34 IPC and Sections 8 & 12 of the PCOSO Act.

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Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Gaya.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J), order dated 19-04-2025 in Criminal Miscellaneous No.10305 of 2025 — Regular bail — Mufassil P.S. Case No. 79 of 2024 dated 29.01.2024, Gaya — Offences punishable under Sections 341, 323, 354B, 504, 506 read with Section 34 IPC and Section 8 & 12 of the PCOSO Act (spelt as printed) — Prosecution case: petitioner allegedly caught the victim's legs and took her to an Arhar field; co-accused Niranjan Paswan @ Vihar Paswan pressed her mouth and co-accused Sintu Kumar caught hold of her breast and tried to molest her — Defence: petitioner innocent and falsely implicated; no specific overt act attributed to petitioner, the allegation of outraging modesty being against a co-accused; no criminal antecedent; in custody since 03.01.2025; co-accused already granted regular bail by a Co-ordinate Bench vide order dated 01.07.2024 in Cr. Misc. No. 47586 of 2024 — Held: considering the facts and circumstances and the period of custody, petitioner directed to be enlarged on bail on bail-bond of Rs.20,000/- with two sureties of the like amount each; application allowed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10305 of 2025

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Arising Out of PS. Case No.-79 Year-2024 Thana- GAYA MUFASIL District- Gaya

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======================================================

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Baiju Paswan Son of Shambhu Paswan Resident of Village- Tapsi, P.S.Mufassil, District- Gaya,

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... ... Petitioner/s

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Versus

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The State of Bihar

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Priti Kumari Daughter of Surajdeo Yadav Resident of Village- Tapsi, P.S.Mufassil, District- Gaya,

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar Singh, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 19-04-2025

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Heard learned counsel for the petitioner and learned APP for the State.

¶14

The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 79 of 2024 dated 29.01.2024 registered for the offences punishable under Sections 341, 323, 354B, 504, 506 read with Section 34 of the Indian Penal Code and Section 8 & 12 of the PCOSO Act.

¶15

As per the prosecution case, the petitioner is alleged to have taken the victim to the field of Arhar after catching her legs, the co-accused Niranjan Paswan @ Vihar Paswan pressed the mouth of the victim and the co-accused Sintu Kumar caught hold of her breast and tried to molest the victim.

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Learned counsel for the petitioner has submitted that

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Patna High Court CR. MISC. No.10305 of 2025(2) dt.19-04-2025 2/2

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the petitioner is innocent and has falsely been implicated in this case. There is no specific overt act attributed against the petitioner rather the specific allegation of outraging the modesty of the informant is against the co-accused, Santu Paswan. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.01.2025. The co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 01.07.2024 passed in Cr. Misc. No. 47586 of 2024.

¶19

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

¶20

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Gaya in connection with Mufassil P.S. Case No. 79 of 2024.

¶21

The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

¶24

U T

Baiju Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baiju Paswan v. The State of Bihar

Case brief

What is this about?

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What the court decided

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