Patna High Court
Sunder Paswan @ Sunder KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482 BNSS.
Summary
The petitioner, Sunder Paswan, was charged under Sections 137 and 96 of the BNS for allegedly kidnapping the minor daughter of Kiran Devi, stealing cash and ornaments, and forcibly marrying her on 04.02.2025. The victim, a 16‑year‑11‑month‑old girl, recorded statements under Sections 180 and 183 of the BNSS confirming the alleged marriage. Paswan pleaded innocence, arguing that the relationship was consensual, he is a 22‑year‑old adult, and that his actions were driven by natural youthful attraction. Both the State and the informant opposed his pre‑arrest bail application. Relying on the Madras High Court precedent in Vijayalakshmi & Anr. v. State (2021) SCC OnLine Mad 317, the Patna High Court granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and verification of any other criminal antecedents, under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged kidnapping, theft, and forced marriage of a minor
- Whether the alleged consent of the minor and the petitioner's age affect the bail decision
- Applicability of Section 438(2) Cr.P.C. and Section 482 BNSS in granting bail
- Relevance of the Vijayalakshmi & Anr. v. State precedent to the present facts
Legislation cited
Subjects
- pre‑arrest bail
- kidnapping
- minor
- forced marriage
- psychological factors
- Section 438
- Section 482
- bail jurisprudence
- consent
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45534 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- DESARI District- Vaishali
======================================================
Sunder Paswan @ Sunder Kumar Son of Ganour Paswan R/O Village -
Panapur, Raghunath, P.S.- Deshri, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kiran Devi W/o Birendra Paswan Village Panapur Raghunath P S Deshri
DIst Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
For the Informant : Mr. Arvind Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 21-01-2026 Heard Mr. Manish Kumar, learned counsel appearing
on behalf of the petitioner; Mr. Binod Kumar, learned APP for
the State and Mr. Arvind Kumar Sinha, learned counsel for the
Informant/O.P. No.2.
2. The petitioner seeks pre-arrest bail in connection
with Deshri P.S. Case No. 51/2025 registered for the offence(s)
punishable under Sections 137 and 96 of the BNS.
3. As per the allegation made in the FIR, on
04.02.2025 the informant (Kiran Devi) found that her minor
daughter aged about 16 years was missing from the house and
cash of ₹ 20,000/- gold and silver ornaments were also found to
be stolen. It has been alleged that prior to the said occurrence,
Patna High Court CR. MISC. No.45534 of 2025(4) dt.21-01-2026
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petitioner (Sundar Paswan) used to call the informant and had
threatened to kidnap her daughter, and despite complaints to his
family, the matter was not resolved. Thereafter the victim was
recovered by the police and her age was verified on the basis of
her matriculation registration card, which revealed that she was
a minor, aged about 16 years and 11 months. The victim in her
statements recorded under Sections 180 and 183 of the BNSS
has stated that she has married with the petitioner on
04.02.2025.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner the petitioner is innocent and
he has falsely been implicated in the present case. The
petitioner and the minor victim girl (informant’s daughter) was
in love relationship and the petitioner wanted to marry with the
victim girl. The petitioner has just emerged as an adult being
aged about 22 years and the victim is aged about 16 years and
11 months and at this stage, natural attraction for the opposite
sex cannot be denied coupled with the several psychological and
physiological change person undergo. The petitioner has clean
antecedent. On these grounds, the petitioner seeks to be released
on pre-arrest bail.
5. Learned counsel appearing on behalf of
Patna High Court CR. MISC. No.45534 of 2025(4) dt.21-01-2026
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Informant/O.P. No.2 vehemently opposed the prayer for grant of
pre-arrest bail.
6. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
7. Having considered the rival submissions made on
behalf of the parties, as well as, the nature of allegation made in
the FIR and the fact that the petitioner, who is 22 years old, has
just emerged as an adult, going through psychological,
physiological, as well as, biological changes and infatuation and
attraction for the opposite sex is natural and he may be unaware
of the rigors of his wrong doing and also the fact that the victim
in her statement recorded under Section 183 of the BNSS has
stated that she has married with the petitioner on 04.02.2025 and
consideration in this regard can be made in light of the law laid
down by the Madras High Court in the case of Vijayalakshmi &
Anr. vs. State Rep. by the Inspector of Police & Anr. reported
in (2021) SCC OnLine Mad 317, the petitioner is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
Patna High Court CR. MISC. No.45534 of 2025(4) dt.21-01-2026
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in connection with Deshri P.S. Case No. 51/2025, subject to the
condition as laid down under Section 438(2) of the Cr.P.C./482
of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph No.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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