Patna High Court
Nagendra paswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Nagendra Paswan applied for bail in a criminal miscellaneous case (Bidupur P.S. Case No. 453 of 2025) where he was charged under Sections 96 and 137(2) of the B.N.S. for allegedly enticing the minor daughter of an informant to Patna and leaving her at the railway station. The victim’s statement under Section 183 of the B.N.S.S. described the enticement but did not allege any sexual assault. The petitioner contended that he was falsely implicated, highlighted a 17‑day delay between the alleged incident (09‑06‑2025) and the filing of the FIR (26‑06‑2025), and pointed out his clean record. The State opposed bail, arguing the seriousness of the allegations. After considering the facts, the court found the allegations insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of enticement of a minor under Sections 96 and 137(2) of the B.N.S.
- Whether the 17‑day delay in lodging the FIR warrants denial of bail
- Whether the absence of a sexual assault allegation affects the bail decision
Legislation cited
Subjects
- bail
- minor
- enticement
- delay in FIR
- Criminal Procedure Code
- Section 96
- Section 137(2)
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14473 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Nagendra Paswan, Son of Manoj Paswan, Resident of village - Panapur,
Dharampur, P.S. - Bidupur, Dist. - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rekha Devi, Wife of Sri Ramesh Paswan, Resident of Village - Panapur,
Dharampur, P.S. - Bidupur, Dist. - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bidupur P.S. Case No. 453 of 2025 registered for the
offence punishable under Sections 96 and 137(2) of B.N.S.
3. The case of the prosecution, in short, is that the
minor daughter of the informant has gone behind the house of
the informant but she was missing from 09.06.2025.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants.
Patna High Court CR. MISC. No.14473 of 2026(3) dt.02-04-2026
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During course of investigation, the victim was recovered and
she has given her statement under Section 183 of the B.N.S.S.
wherein she has stated that the petitioner who is neighbour of
the victim has enticed and has taken her to Patna on the pretext
of providing her employment. The victim has further stated that
she was left at Patna Station by the petitioner. She met a girl
there who took her to a room and closed her in a room. She was
released with help of the police. Learned counsel for the
petitioner has submitted that the only allegation against the
petitioner is that he has enticed and has taken the minor
daughter of the informant to Patna Railway Station. It has
further been submitted that there is no allegation of any sexual
assault. It has also been submitted that from perusal of the
F.I.R. it is clear that the occurrence is of 09.06.2025 whereas the
F.I.R. was lodged on 26.06.2025 i.e. after the delay of 17 days
and the delay is not explained by the prosecution. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 06.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.14473 of 2026(3) dt.02-04-2026
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class-cum- Additional Munsif 1st , Vaishali at
Hajipur in connection with Bidupur P.S. Case No. 453 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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