Shivnath PaswanversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31008 of 2026
                     Arising Out of PS. Case No.-445 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
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           1.     Shivnath Paswan S/o Late Dularchand Paswan Both Resident of Village -
                  Ghorasahan PS. - Ghorasahan, Dist. - East Champaran.
           2.     Kalawati Devi @ Sanmati Devi W/o Shivnath Paswan Both Resident of
                  Village - Ghorasahan PS. - Ghorasahan, Dist. - East Champaran.
                                                                               ... ... Petitioners
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-05-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Ghorasahan P.S.

                   Case No. 445 of 2025 registered for the offences punishable

                   under Sections 137(2), 96, 303(2), 3(5) of the Bhartiya Nyay

                   Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. As per FIR, the grand-son of petitioner alleged to

                   kidnapped the minor daughter of the informant aged about 15

                   years for the purpose of illicit intercourse/marriage with another

                   person.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that in fact the daughter of the informant was in love
Patna High Court CR. MISC. No.31008 of 2026(2) dt.13-05-2026
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          with the grand-son of petitioner and when their love affairs was

          not approved by the informant and his family members, the

          daughter of the informant left her parental home out of her own

          will and solemnized marriage with the grand-son of the

          petitioner.

                   5. It is submitted that the victim has herself supported

          this factual aspect while recording her statement under section

          183 of the B.N.S.S., where she categorically challenged the

          allegation of sexual assault and kidnapping. Arguing further,

          petitioners implicated only for the reason that they are the

          grand-parents of the main co-accused with whom the daughter

          of the informant alleged to solemnize marriage. Both petitioners

          are senior citizens having clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioners.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as petitioners are the grand-parents of the

          main co-accused, where victim, after recovery, appears denied

          the allegation of kidnapping and sexual assault, coupled with the

          fact that petitioners have no criminal antecedent, accordingly,

          both     above-named         petitioners,      in    the   event   of   their

          arrest/surrender within a period of four weeks from this order,
           Patna High Court CR. MISC. No.31008 of 2026(2) dt.13-05-2026
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                     are directed to be enlarged on bail on furnishing of bail bond of

                     Rs.10,000/- (ten thousand only) each with two sureties of the

                     like amount each to the satisfaction of learned Additional Chief

                     Judicial Magistrate, Sikarhana, Dhaka, East Champaran/

                     concerned court in connection with Ghorasahan P.S. Case No.

                     445 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T