Patna High Court
Bittu Paswan @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties, as per Section 438(2) CrPC.
Summary
The petitioner, Bittu Paswan, feared arrest in a case (Sursand PS No. 604 of 2023) alleging kidnapping of a minor and offences under Sections 363, 366A, 365, 34 of the IPC and Sections 3, 4, 6 of the POCSO Act. He claimed innocence, stating the allegations were fabricated, and testified that he and the victim are now living together, have a child, and have solemnised marriage. The court, after hearing counsel, considered his request for anticipatory bail. Relying on Section 438(2) of the Criminal Procedure Code, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions laid down by the Special Judge. The order aims to protect the petitioner from arrest while the case proceeds.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case involving kidnapping and POCSO offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 363, 365, 366A
- Protection of Children from Sexual Offences Act — s. 3, 4, 6
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- IPC
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38779 of 2025
Arising Out of PS. Case No.-604 Year-2023 Thana- SURSAND District- Sitamarhi
======================================================
Bittu Paswan @ Bittu Kumar Son of Gagan Paswan R/o Vill- Adalpur, P.S-
Sursand, Distt.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shail Devi Wife of Shatrudhan Bhagat R/o Vill- Adalpur, Ward no.- 12, P.S-
Sursand, Distt.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
7 06-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Sursand P.S. Case No. 604 of 2023, registered for the
offences punishable under Sections 363, 366A, 365, 34 of IPC
and Section 3, 4 and 6 of POCSO Act.
3. As per allegation, the petitioner kidnapped the
informant’s minor daughter when she was going to school.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
The entire allegation is false and concocted.
5. The petitioner and the victim are present today in
Patna High Court CR. MISC. No.38779 of 2025(7) dt.06-02-2026
2/2
the Court in pursuance of the order dated 30.01.2026 with their
child. They jointly submitted that a child has been born out of
wedlock of the couple. They solemnized marriage and are living
in happy and cordial atmosphere.
6. Considering the above-mentioned facts and
circumstances, let the petitioner, in the event of his arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.D.J. 6th cum Special Judge
(POCSO Act), Sitamarhi in connection with Sursand P.S. Case
No. 604 of 2023, subject to the conditions as laid down under
Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.