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Patna High Court

Bindeshwari PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.34431 of 2025(6) dt.13-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.34431 of 2025(6) dt.13-01-2026
                                                       3/3




                     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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