Patna High Court – Orders
Vikash Paswan @ Vikas Paswan @ Bikash … vs The State Of Bihar on 12 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13611 of 2025
Arising Out of PS. Case No.-72 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Vikash Paswan @ Vikas Paswan @ Bikash Kumar Son of Sri Dahaur Paswan
Resident of Village- Manikauli, P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv
Mrs. Vaishnavi Singh, Adv
Mr. Ritwik Thakur, Adv
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL ORDER
3 12-05-2025
Heard learned counsel for the petitioner and learned
counsel for the State.
2. This is the first regular bail application of the
petitioner seeking his regular bail in connection with Kalyanpur
P.S. Case No. 72 of 2024 registered for the offences punishable
under Sections 323, 341, 447, 385, 376, 406, 420, 307, 354(B),
311, 313, 314, 504, 506, 34, 471 of the Indian Penal Code Act.
3. In this case, the prosecutrix is a major married
lady aged about 36 years. She made a private complaint before
the C.J.M., Samastipur, which has been forwarded by the
C.J.M. Samastipur to the concerned P.S. On the basis of said the
above mentioned offence has been registered by the concerned
P.S. According to the contents of the written complaint about 10
Patna High Court CR. MISC. No.13611 of 2025(3) dt.12-05-2025
2/3
years ago, the petitioner got married with the victim lady and
both are resided at Bombay about 10 years. Allegedly the
present applicant and other co-accused persons during that
period committed cruelty with the victim lady and also
committed beating with her. It is further alleged that during that
period she was also got aborted by the present applicant and
other accused persons. It is further alleged that present applicant
outrage the victim lady and got it second marriage with any
other girl.
4. Learned counsel for the petitioner submits that
after completion of investigation the concerned police station
filed the charge-sheet for the offence punishable under section
376 of IPC only. He further submits that as claim the by the
victim lady she herself is a married wife of the present applicant
and she is a major lady therefore, no offence under section 376
of IPC prima facie made out. Therefore, on this ground only the
present applicant is entitled to get benefit of regular bail.
5. Learned counsel for the State opposes the
arguments raised by the counsel for the petitioner.
6. Considering the above submissions made by the
learned counsel for the petitioner without further commenting
other merits of the case, I am of the view that the applicant
Patna High Court CR. MISC. No.13611 of 2025(3) dt.12-05-2025
3/3
should be enlarged on bail.
7. Accordingly, the application is allowed.
8. The petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Samastipur in connection with
Kalyanpur P.S. Case No. 72 of 2024.
(Arvind Singh Chandel , J)
krishnakant/-
U T