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Patna High Court

Suman Paswan @ Suman Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 137(2), 3(5), 96
  • BNSS — s. 183

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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