Patna High Court
Suman Paswan @ Suman Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail subject to bond and sureties.
Summary
The petitioner, Suman Paswan, was charged under Sections 137(2), 96 and 3(5) of the BNS for allegedly kidnapping the minor daughter of an informant with the intent to marry her. The petitioner contended that the alleged victim is actually a major, as per a medical report, and that she voluntarily accompanied him, a fact reflected in her statement under Section 183 of the BNSS. The State opposed the bail application. The court examined the allegations, the medical evidence, and the victim's statement, and concluded that there was insufficient ground to deny bail. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to cooperation with the trial. The petitioner was directed to appear as required by the court.
Issues considered
- Whether the petitioner is entitled to regular bail in a kidnapping case involving alleged minor victim.
Legislation cited
Subjects
- regular bail
- kidnapping
- minor
- marriage
- medical report
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50538 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Suman Paswan @ Suman Kumar Paswan Son of Ganesh Paswan Resident of
village - Khabdah, Ward No.- 11, P.S.- Narpatganj, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Narpatganj P.S. Case No. 135 of 2025,
registered for the offences punishable under Sections 137(2), 96,
3(5) of the BNS.
3. As per allegation, the petitioner kidnapped the
minor daughter of the informant for the purpose of marriage.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that, according to the
medical report, the victim is a major. The victim did not level
any allegation of misdeed against the petitioner in her statement
recorded under Section 183 of the BNSS. The statement of the
Patna High Court CR. MISC. No.50538 of 2025(4) dt.08-01-2026
2/2
victim shows that she went with the petitioner of her own sweet
will. The petitioner has been in custody since 21.04.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned CJM,
Araria in connection with Narpatganj P.S. Case No. 135 of 2025
, subject to the condition that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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