Patna High Court
Pradip PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
Petitioner Pradip Paswan was accused of kidnapping the minor daughter of informant Manik Chandra Mahaldar for the purpose of marriage, leading to an FIR under sections 137(2), 140(3) and 3(5) of the Bhartiya Nayay Sanhita, 2023. The victim girl testified that she was forcibly taken away in a Bolero car, held for four days, and that ornaments and money were taken from her while the petitioner attempted to force himself upon her. The petitioner filed an anticipatory bail application. The court examined the victim's statement and the seriousness of the allegations. Finding the allegations credible and the offences grave, the court held that no relief could be granted. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the allegations of kidnapping and attempted forced marriage under the Bhartiya Nayay Sanhita.
- Whether the victim's statement and the nature of the offences justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 137(2), 140(3), 3(5)
Subjects
- anticipatory bail
- kidnapping
- child marriage
- criminal procedure
- Bhartiya Nayay Sanhita
- victim statement
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75221 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- KRITYANAND NAGAR District- Purnia
======================================================
Pradip Paswan S/O Sri Mahanthu Paswan Resident of Vill.- Bishahariya,
Baniyapatti, P.S.- K. Nagar, Dist.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Manik Chand Mahaldar @ Manik Chandra Mahaldar S/O Sri Kisho
Mahaldar Resident of Vill.- Bishahariya, Baniyapatti School Tola, P.S.- K.
Nagar, Dist.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard Mr. Amit Kumar Anand, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending arrest in connection
with K. Nagar P.S. Case No.117 of 2025 instituted under
Sections 137(2), 140(3) and 3(5) of the Bhartiya Nayay Sanhita,
2023 lodged on 14.05.2025 by the informant, Manik Chandra
Mahaldar.
3. As per the prosecution story, the informant alleged
that his minor daughter disappeared and allegation was made
against this petitioner that he has taken away the girl for the
purpose of marriage. This led to the FIR.
4. Earlier, this Court while issuing notice to the
Patna High Court CR. MISC. No.75221 of 2025(3) dt.20-02-2026
2/2
opposite party no.2, calling for the case diary and the statement
of the victim girl vide an order dated 19.11.2025. The same has
come and the informant has appeared.
5. As per the statement of the victim girl, she had
gone outside, forcibly taken away by this petitioner on a Bolero
Car and they remained together for four days. In between,
ornaments/amount were also taken and he tried for force himself
upon.
6. Considering the allegation that has come against
the petitioner by way of the statement made by the victim girl,
no relief can be extended to him.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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