Patna High Court
Baidnath PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that the alleged offence under section 137(2) is bailable and granted bail to the petitioners.
Summary
The Patna High Court heard a bail petition filed by six residents of Chaknoor who were named in an FIR for allegedly kidnapping the minor daughter of an informant under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023. The petitioners claimed they were falsely implicated, asserted that the alleged victim was actually 20 years old, married, and not a minor, and had no criminal record. The State opposed bail, but the court noted that the facts indicated that section 96 was not attracted and that the alleged offence under section 137(2) is bailable with a maximum punishment of five years. Consequently, the court ordered bail for each petitioner on a bond of Rs 30,000, subject to conditions under section 482(2) of the B.N.S.S., 2023. The bail order was conditioned on surrender before the trial court within four weeks.
Issues considered
- Whether the offence alleged under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 is bailable
- Whether the petitioners are entitled to bail in view of the facts and the victim's age
- Whether section 96 of the B.N.S. is attracted in the present case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 96
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- kidnapping
- bailable offence
- Bharatiya Nyaya Sanhita
- section 137
- section 96
- criminal procedure
- age of victim
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36039 of 2026
Arising Out of PS. Case No.-557 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Baidnath Paswan son of Jamun Paswan Resident Of Village -Chaknoor, Ps-
Hajipur Sadar, Dist- Vaishali
2. Umesh Kumar @ Umesh Paswan son of Baidnath Paswan Resident Of
Village -Chaknoor, Ps- Hajipur Sadar, Dist- Vaishali
3. Raja Kumar Son of Bhuneshwar Paswan Resident Of Village -Chaknoor, Ps-
Hajipur Sadar, Dist- Vaishali
4. Monu Kumar Son of Surendra Paswan Resident Of Village -Chaknoor, Ps-
Hajipur Sadar, Dist- Vaishali
5. Raj Kumar @ Raja Babu Kumar Son of Mahendra Paswan Resident Of
Village -Chaknoor, Ps- Hajipur Sadar, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. None appears on behalf of the petitioners even after
repeated calls. However, learned APP for the State is present.
3. The petitioners are apprehending arrest in
connection with Hajipur Sadar P.S. Case No. 557 of 2024
lodged on 09.08.2024, for the offence punishable under Sections
137(2) & 96 of the Bharatiya Nyaya Sanhita, 2023.
4. From the contents of the present FIR, it is clear that
Patna High Court CR. MISC. No.36039 of 2026(2) dt.01-06-2026
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the FIR has been lodged against six named accused persons
including the present petitioners with allegation that they all in
connivance with each other have kidnapped the minor daughter
of the informant.
5. The plea has been taken in the bail petition that the
petitioners are innocent and have committed no offence and they
have been falsely implicated in the present case. It has been
further pleaded that the victim herself appeared before the
police station on 18.03.2026 and thereafter, police brought her
before the doctor for medical examination, but she refused for
medical examination in presence of the doctor. It has been also
pleaded that the victim girl told her age as 20 years and learned
Magistrate has also assessed her age as 20 years. The victim girl
has disclosed that she had married with one Ramesh Kumar who
is not the petitioner here in the present bail application. It has
also been pleaded that the petitioner no.1 is father and the
petitioner no.2 is brother of the co-accused Ramesh Kumar and
rests persons are co-villagers and co-accused. The petitioners
have no criminal antecedent.
6. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that Annexure-P/2 is the
copy of the statement in which the Court has ascertained the age
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of the victim girl as 20 years.
7. It transpires to this Court that by virtue of the
allegation made in the FIR, section 96 of the B.N.S has not been
attracted and section 137(2) of the B.N.S may be attracted for
which under B.N.S.S, punishment is five years and offence is
bailable.
8. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on bail, in
the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief
Judicial Magistrate, Vaishali at Hajipur, in connection with
Hajipur Sadar P.S. Case No. 557 of 2024, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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