Surjeet Kumar Paswan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

Surjeet Kumar Paswan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the prayer for regular bail of the petitioner (Surjeet Kumar Paswan), in custody since 18.10.2025 in PS Case No. 374 of 2025 (Supaul) registered under Sections 137(2), 96 and 3(5) of the BNS and Sections 8 and 12 of the POCSO Act, should be granted or rejected.

Court's answer

Having perused the FIR, case diary and the impugned order dated 11.03.2026, and considering that the victim was recovered by police and stated she left home voluntarily owing to love affairs with the petitioner and married him at Singheshwar Temple, Madhepura, that she became pregnant, that the medical examination found no fighting sign or sign of physical assault though rape could not be ruled out, that the IO found the case true (case diary para-187), that a charge-sheet had been submitted and several witnesses supported the prosecution case, the Court was not inclined to grant regular bail to the petitioner.

Ratio / Principle

Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.27802 of 2026 (decided 15-07-2026, Ramesh Chand Malviya, J): Regular-bail application of Surjeet Kumar Paswan (aged about 20 years; in custody since 18.10.2025), arraigned in Supaul PS Case No. 374 of 2025 under Sections 137(2), 96 and 3(5) of the BNS and Sections 8 and 12 of the POCSO Act for the alleged kidnapping of the informant's minor daughter, was REJECTED. Perusing the FIR, case diary and the impugned order dated 11.03.2026, the Court noted (case diary para-142) that the victim had been recovered by police and herself stated she left home voluntarily owing to love affairs with the petitioner and married him at Singheshwar Temple, Madhepura; she reported her mother was no more and her father used to misbehave with her, use filthy language and beat her; she stated she had become pregnant; the medical examination found no fighting sign or sign of physical assault but rape could not be ruled out. The IO had found the case true (case diary para-187), a charge-sheet had been submitted and several witnesses supported the prosecution case. On these considerations the Court declined regular bail and rejected the prayer; the APP and the Informant had opposed the bail prayer, submitting the petitioner abducted the minor with intention to marry her.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27802 of 2026

Arising Out of PS. Case No.-374 Year-2025 Thana- SUPAUL District- Supaul

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

Surjeet Kumar Paswan, aged about 20 years, S/o Lakhan Paswan, Resident of Vill- Tulshipatti, Nathbari, Ward No. 12, P.S.- Baluwa Bazar, Dist.- Supaul

... ... Petitioner/s

Versus

The State of Bihar

XYZ S/o XY R/o vill - Gadhbaruari, P.S.- Supual, Distt.- Supaul

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Singh, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP For the Informant : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 15-07-2026 Heard learned counsel for the petitioner, learned

counsel for the Informant and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 137(2), 96 and 3(5) of the BNS and Sections 8 and 12 of the POCSO Act.

Allegation against the petitioner is to have kidnapped the minor daughter of the informant

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to suspicion. He next submits that the petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 18.10.2025.

Patna High Court CR. MISC. No.27802 of 2026(3) dt.15-07-2026 2/3

Learned APP for the State as well as the Informant opposes the prayer for bail of this petitioner and submits that the petitioner is abducted the minor daughter of the informant with intention to marry her.

On perusal of the first information report, case diary and impugned order dated 11.03.2026, it appears that from para-142 of the case diary, the victim has been recovered by the police and the main allegation against the petitioner that he love affairs with the victim and owing to her love affairs with the petitioner, she will fully left her house and married with him at Singheshwar Temple, Madhepura and the victim also states that mother of the victim is no more and her father used to misbehave with her and had always filthy language and beaten her, due to which, she voluntarily left her house and married with the petitioner, the victim further states that she became pregnant and the medical examination report of the victim, the doctor has opined that no fighting sign or any sing of physical assault found but rape cannot be ruled out. It also appears from para-187 of the case diary, the IO has found the case to be true against the petitioner, charge-sheet has also been submitted and several witnesses have supported the case of the prosecution, considering which, I am not inclined to grant regular bail to the

Patna High Court CR. MISC. No.27802 of 2026(3) dt.15-07-2026 3/3

petitioner.

Accordingly, the prayer for regular bail of the

petitioner is hereby rejected.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T