Patna High Court
Krishna @ Krishan @ Munna PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail as the chargesheet has been filed, he has a clean antecedent and the victim's statement indicates consent, subject to conditions under Section 480(3) of the B.N.S.S.
Summary
Krishna @ Krishan @ Munna Paswan was arrested in connection with a kidnapping case under Section 87 of the B.N.S., 2023, alleging that he abducted the informant's married daughter with the intention of marriage. The petitioner contended that the allegation was false, asserting that the relationship was consensual between two married adults and that the victim’s statement under Section 183 of the B.N.S.S. indicated consent, as she refused a medical examination. The State opposed the bail application, maintaining the seriousness of the alleged kidnapping. The court, noting the filing of the chargesheet, the petitioner’s clean antecedent, the victim’s statement suggesting consent, and the length of custody since 17‑03‑2025, decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail in a case registered under Section 87 of the B.N.S., 2023.
- Whether the victim’s statement under Section 183 of the B.N.S.S. demonstrates consent, thereby affecting the gravity of the alleged kidnapping.
- Whether the filing of the chargesheet and the petitioner’s antecedents justify the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 87
- B.N.S.S. — s. 183, 480(3)
Subjects
- bail
- kidnapping
- consensual intimacy
- false implication
- Section 87
- Section 183
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74254 of 2025
Arising Out of PS. Case No.-183 Year-2024 Thana- KHANPURA District- Samastipur
======================================================
Krishna @ Krishan @ Munna Paswan S/o Jai Ram Paswan, Resident of
village - Khatuaha, P.S - Khanpur, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Khanpur P.S. Case No. 183 of 2024 dated
22.08.2024, registered for the offence punishable under Section
87 of the B.N.S., 2023.
3. As per the prosecution case, the married
daughter of the informant was kidnapped by the petitioner and
his associates with intention of marriage.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. No occurrence in the manner as alleged has
ever taken place. Both the petitioner and the daughter of the
informant are married persons and it is a case of consensual
intimacy between two adults. The statement of the victim was
Patna High Court CR. MISC. No.74254 of 2025(3) dt.21-01-2026
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recorded under Section 183 of the B.N.S.S., wherein she stated
that she was forcibly kept for about three months by the
petitioner where the mother of the petitioner was also present. It
shows she was a consenting party. The victim refused to
undergo medical examination. Learned counsel next submits
that petitioner is having clean antecedent and mention of
petitioner having one antecedent in the rejection order of
learned Sessions Judge is not correct. Learned counsel lastly
submits that petitioner is in custody since 17.03.2025 and has
been sufficiently penalized and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Samastipur / concerned Court, in connection with
Khanpur P.S. Case No. 183 of 2024, subject to the condition
laid down under Section 480(3) of the B.N.S.S. and other
Patna High Court CR. MISC. No.74254 of 2025(3) dt.21-01-2026
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following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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