Patna High Court
Nawalkishore Paswan @ Nawal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed bail to the petitioner, subject to bond and conditions, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Nawalkishore Paswan, was arrested in connection with a case registered under Sections 137(2), 96 and 352 of the B.N.S. and later Section 8 of the POCSO Act, alleging that he allured and kidnapped a minor girl for marriage. The victim’s statement under Sections 180 and 183 of the B.N.S.S. claimed she went of her own free will, married the petitioner and wished to return to her matrimonial home. The petitioner’s counsel argued his innocence, citing the victim’s voluntary consent and his clean antecedents, while the State and the victim’s mother opposed bail, asserting that consent is irrelevant in kidnapping of a minor. The Court examined the facts, the victim’s statement, and the period of judicial custody, and decided to grant bail subject to a Rs 10,000 bond, two sureties, and strict conditions of appearance and verification of antecedents. The order emphasized that its observations would not affect the trial and the application for bail was allowed.
Issues considered
- Whether bail can be granted to an accused charged under the B.N.S. and POCSO Act for alleged kidnapping/allurement of a minor when the victim claims voluntary consent.
Legislation cited
Subjects
- bail
- kidnapping
- allurement
- minor
- POCSO Act
- consent
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72423 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Nawalkishore Paswan @ Nawal Paswan Son of Hiraman Paswan @ Hiraman
Hajara Resident of village - Areraj, Binwaaliya, Police Station - Govindganj,
District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX Wife of Jagan Paswan Resident of village - Sudama Nagar, Ward
No.- 7, Police Station - Bairiya, District - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Adv.
Mr. Deepak Kumar, Adv.
Ms. Akanksha Rai, Adv.
For the informant : Mr. Gyan Prakash, Adv.
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Bairiya
P.S. Case No. 197 of 2025 dated 26.05.2025 registered for the
offences punishable under Sections 137(2), 96 and 352 of the
B.N.S. and later on Section 8 of the POCSO Act was added.
3. As per the prosecution case, the informant has
alleged that her daughter was allured by one Nawal Paswan for
the purpose of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
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case. It is not a case of allurement or kidnapping rather the
victim had gone on her own sweet will along with the petitioner.
From perusal of the statement made under Sections 180 and 183
of the B.N.S.S., she has not supported the prosecution case and
she has also stated that she had gone out of her own free will
and had married the petitioner and stayed with him at Delhi. The
victim in her statement recorded under Section 183 of the
B.N.S.S. has also stated that she wants to go to her matrimonial
house. It has next been submitted that as per his knowlegdge,
the girl was sent to C.W.C., Bettiah. It has lastly been submitted
that the petitioner has clean antecedent and he is in custody
since 15.07.2025.
5. Learned A.P.P. for the State and learned O.P. No. 2
have vehemently opposed the prayer for bail of the petitioner.
Learned O.P. No. 2 has submitted that the petitioner has
kidnapped the minor girl even her consent would not matter if
present in the facts and circumstances of the case. It has also
been submitted that the petitioner had allured the victim and it
was on such allurement that she had gone to marry and has also
disputed the fact that she has been sent to C.W.C. Bettiah
6. Considering the facts and circumstances of the
case and the period of judicial custody of the petitioner, the
Patna High Court CR. MISC. No.72423 of 2025(4) dt.08-01-2026
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petitioner is directed to be released on bail on his furnishing bail
bonds in the sum of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court concerned, Bettiah, West Champaran in connection with
Bairiya P.S. Case No. 197 of 2025, subject to the following
terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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