Patna High Court
Bindeshwari PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that no prima facie case exists against the petitioner and therefore granted bail.
Summary
The petitioner, Bindeshwari Paswan, was named in an FIR alleging his son Baua Paswan eloped with and kidnapped a 14‑year‑old girl, invoking sections of the IPC and the POCSO Act. The minor later testified that she voluntarily eloped and married Baua Paswan, and made no incriminating statement against her father. The informant who lodged the complaint died during the pendency of the petition. The court examined the record and found no prima facie material linking the petitioner to the alleged offences. Consequently, the court ordered his release on bail subject to conditions under the CrPC and the Bhartiya Nagrik Suraksha Sanhita, and disposed of the petition.
Issues considered
- Whether there is sufficient prima facie evidence to justify the arrest of the petitioner under IPC 137(2) read with 3(5) and POCSO Act sections 8 and 12.
- Whether bail can be granted to the petitioner under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 137(2), 3(5)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- kidnapping
- elopement
- minor
- POCSO
- bail
- prima facie
- father
- conspiracy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34431 of 2025
Arising Out of PS. Case No.-326 Year-2024 Thana- MAHISHI District- Saharsa
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Bindeshwari Paswan, S/o Late Sarowar Paswan, R/o Village-Telwa, P.S.-
Mahishi (Jalai O.P.), District- Saharsa
... ... Petitioner
Versus
1. The State of Bihar
2. X, Son of Late Nathuni Sah, R/o Village- Telwa, Ward No. 13, P.S.-
Mahishi, District- Saharsa
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 13-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Mahishi P.S. Case
No.326 of 2024 registered for the offences punishable under
Sections 137(2) read with 3(5) of the Indian Penal Code as
well as Sections 8 and 12 of the Protection of Children from
Sexual Offences Act (in short ‘POCSO Act’).
3. As per FIR, the son of petitioner, namely, Baua
Paswan eloped/kidnapped the minor daughter of informant
aged about 14 years. It is alleged that the petitioner was one
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of the conspirator and raised suspicion that named co-accused
persons including petitioner may commit some wrong with his
daughter.
4. It is submitted by learned counsel appearing for
petitioner that during investigation the minor daughter of
informant was recovered, whereafter her statement was
recorded, where she categorically stated that as she was in
love with Baua Paswan, she accompanied her upto Amritsar
and solemnized her marriage with him. It is pointed out that
no overt act appears attributed towards petitioner as far
elopement/kidnapping is concerned. It is submitted that the
implication of this petitioner is only for the reason that he is
the father of main co-accused Baua Paswan with whom the
daughter of informant was in love. The petitioner claimed
clean antecedent.
5. It appears from perusal of office report that the
informant/O.P. No.2 has died during the pendency of present
petition.
6. In view of aforesaid factual submissions and by
taking note of fact as the implication of petitioner prima facie
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appears being father of main co-accused Baua Paswan, where
nothing incriminating appears stated by victim against
petitioner while recording her statement under Section 183 of
the BNSS, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-VI-cum-
Special Judge (POCSO), Saharsa in connection with Mahishi
P.S. Case No.326 of 2024, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
(in short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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