Patna High Court
Amarjeet Paswan @ Amarjit PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
Holding
The bail granted to the opposite party No.2 is not cancelled.
Summary
Amarjeet Paswan, father of a girl who was allegedly married to Toofani Paswan, filed an application seeking cancellation of the bail granted to Toofani Paswan on 19-12-2025. The petitioner claimed the victim had not been recovered and alleged threats, attaching a supplementary affidavit and a complaint against the opposite party. The court examined the records and found that the victim had voluntarily accompanied Toofani Paswan and that the marriage was consented to by both families, with a statement recorded under Section 183 of the B.N.S.S. The petitioner had already lodged a complaint, which would proceed under law. The court held there was no ground to cancel the bail and dismissed the petitioner's application.
Issues considered
- Whether the bail granted to the opposite party should be cancelled on the basis that the victim was not recovered and alleged threats.
- Whether the voluntary nature of the marriage and the filing of a separate complaint affect the decision to cancel bail.
Legislation cited
- B.N.S.S. — s. 183
Subjects
- bail
- cancellation of bail
- voluntary marriage
- Section 183
- complaint
- threat
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13810 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- BARAHAT District- Banka
======================================================
Amarjeet Paswan @ Amarjit Paswan S/o Mahananad Paswan Resident of
Village - Charwa, P.S - Barahat, District - Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Toofani Paswan S/o Munilal Paswan Resident of Village - Charwa, P.S -
Barahat, District - Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 01-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The present application has been filed for
cancellation of bail granted to the opposite party no.2 vide order
dated 19.12.2025 passed in Cr. Misc. No.52436 of 2025 arising
out of Barahat P.S. Case No.41 of 2025.
3. Earlier ground taken by the petitioner, who
happens to be the father of the victim girl, was that his daughter
was not recovered by the police which does not seem to be a
correct fact as the order granting bail clearly records that after
recovery, the statement of the victim was recorded under
Section 183 of the B.N.S.S. and she has agreed to go to her
matrimonial household as she was married to the petitioner (the
Patna High Court CR. MISC. No.13810 of 2026(4) dt.01-05-2026
2/2
opposite party no.2 herein). An additional ground of threatening
the petitioner has also been alleged and to buttress such
argument a supplementary affidavit has been filed bringing on
record a complaint case filed against the opposite party no.2,
who was the petitioner in the earlier case.
4. After having gone through the entire records, I find
that the victim had voluntarily gone along with the opposite
party no.2 and the petitioner, being her father, has already taken
recourse to filing a complaint, which would be pursued by him
and the same would be proceeded with in accordance with law.
However, I do not find any reason to cancel the bail already
granted to the opposite party no.2 as during the hearing of the
bail application the counsel for the informant was also present
and it was recorded in their presence that the victim and the
opposite party no.2 were married to each other with the consent
of the parents. As such, the present application for cancellation
of bail is dismissed.
(Soni Shrivastava, J)
anand/-
U T
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