Patna High Court
Ravi PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
Petitioner Ravi Paswan was arrested in connection with a kidnapping case (Bagha P.S. Case No. 103 of 2025) under IPC sections 137(2), 87, 61(2) and 3(5). The prosecution alleged that he lured and kidnapped a girl, while the petitioner claimed innocence and highlighted that the girl voluntarily eloped and married him, and that he has no prior criminal record. The victim’s statement recorded under Section 183 BNSS indicated the marriage was consensual. After considering the submissions and the facts, the Court found no compelling reason to keep the petitioner in custody. Consequently, the Court granted regular bail on a bond of Rs. 10,000 with two sureties, emphasizing that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping case under Sections 137(2), 87, 61(2) and 3(5) of the IPC, considering the alleged consensual elopement and marriage and the absence of prior criminal antecedents.
Legislation cited
- Indian Penal Code — s. 137(2), 3(5), 61(2), 87
Subjects
- bail
- kidnapping
- Indian Penal Code
- regular bail
- elopement
- marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27638 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- BAGHA District- West Champaran
======================================================
Ravi Paswan S/o Munna Paswan Resident of Village - Ekderva, Ward no. 2,
P.S. - Bagaha, District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX S/o YY R/o Village - Ekdarwa, Ward no. 02, P.S. - Bagha, Dist. - West
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archana Jha
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Virtual Mode.
2. The petitioner seeks regular bail in connection with
Bagha P.S. Case No. 103 of 2025 registered for the offence
under Section(s) 137(2), 87, 61(2) and 3(5) of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl by luring her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 31.07.2025 and has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.27638 of 2026(2) dt.28-04-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 183 BNSS, it appears
that she had eloped with the petitioner on her own and got
married to the petitioner.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bagha P.S. Case
No. 103 of 2025.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…