Patna High Court
Raja PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Raja Paswan, was charged under Sections 137(2) and 96 read with Section 3(5) of the B.N.S., 2023 for alleged kidnapping of the minor daughter of an informant. The petitioner claimed innocence, stating the incident was a consensual love affair and that the girl voluntarily traveled to Chennai by bus and later returned, as recorded under Sections 180 and 183 of the B.N.S.S. The State opposed bail, noting the victim's refusal to undergo a medical examination. The court considered the victim's voluntary conduct, the petitioner’s clean antecedent, the filing of the chargesheet, and his period of custody. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case where the alleged victim claims the act was voluntary.
- Whether the refusal of the victim to undergo a medical examination affects the bail decision.
- Whether the petitioner’s clean antecedent and the filing of the chargesheet justify bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 3(5), 96
- B.N.S.S. — s. 180, 183, 480(3)
Subjects
- bail
- kidnapping
- minor
- voluntary act
- clean antecedent
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76035 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
Raja Paswan son of Krishna Paswan @ Krishna Mohan Paswan, Resident of
village- Budhanagra Radha, PS- Mushahari, Dist- Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar.
2. X Son of Late Bechu Sahni, Resident of village- Budhanagra Radha, PS-
Mushahari, Dist- Muzaffarpur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, 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 Musharhari P.S. Case No. 29 of 2025 dated
24.02.2025, registered for the offences punishable under
Sections 137(2) and 96 read with Section 3(5) of the B.N.S.,
2023.
3. As per the prosecution case, the minor daughter
of the informant went missing and the informant named the
petitioner and other co-accused persons for being involved in
kidnapping of his daughter.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.76035 of 2025(3) dt.21-01-2026
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petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. It was a case of love affair
between the petitioner and daughter o the informant. The victim
girl was traced and her statement was recorded under Sections
180 and 183 of the B.N.S.S., wherein she stated that she was
taken to Chennai by the petitioner by bus, a public transport, but
she did not raise any alarm anywhere on her way. Learned
counsel further submits that the victim girl also stated that she
was in love with the petitioner and she returned back after
coming to know about the lodging of the present case. Learned
counsel next submits that petitioner is having clean antecedent
and chargesheet has been submitted. Learned counsel lastly
submits that petitioner is in custody since 28.02.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that victim refused to undergo medical examination.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
voluntary nature of the act of the victim girl and also
considering the the clean antecedent of the petitioner, his period
of custody and submission of chargesheet, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
Patna High Court CR. MISC. No.76035 of 2025(3) dt.21-01-2026
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bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-XVII, Muzaffarpur / concerned
Court, in connection with Musharhari P.S. Case No. 29 of
2025, subject to the condition laid down under Section 480(3) of
the B.N.S.S. and other 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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