Patna High Court
Mithilesh Paswan @ Mithilesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
Mithilesh Paswan was arrested in connection with a kidnapping case (Sakri P.S. Case No. 186 of 2025) and charged under Sections 87 and 96 of the BNS, 2023, Sections 04, 06 and 08 of the POCSO Act, and Section 09 of the Child Marriage Act. The prosecution alleged that he kidnapped the minor victim. The petitioner argued that the victim had been recovered and had voluntarily stated that she had eloped with him. After hearing counsel, the High Court considered the victim’s statement and the circumstances of the case. The Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge. The petitioner was consequently released on bail.
Issues considered
- Whether bail should be granted to the accused in a case involving kidnapping, offences under the BNS, 2023, the POCSO Act and the Child Marriage Act, considering the victim’s statement of elopement.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO
- Child Marriage Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17389 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Mithilesh Paswan @ Mithilesh Kumar Paswan S/o Bhola Paswan Resident of
village - Lakshmipur Kanuahi, Maharani Pokhar (Maksuda), P.S - Sakri,
District - Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXX S/o XXX R/o Village - Lakshmipur Kanuahi, P.S - Sakri, District -
Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sakri P.S. Case No. 186 of 2025 registered for the offence under
Sections 87 and 96 of the BNS, 2023 and later on Section 04,
06, 08 of the POCSO Act and under Section 09 of the Child
Marriage Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim.
4. It has been submitted by the learned counsel for
the petitioner that the victim has been recovered and she has
given her statement that she had eloped with the petitioner. The
Patna High Court CR. MISC. No.17389 of 2026(2) dt.16-03-2026
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petitioner is in custody since 24.12.2025.
5. Considering the aforesaid facts, this application
is allowed.
6. Let 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
the learned Additional Sessions Judge, 6th cum-Special Judge,
POCSO Act, Madhubani/concerned Court below in connection
with Sakri P.S. Case No. 186 of 2025 corresponding to G.R. No.
2515 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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