Patna High Court
Milan Kumar Paswan @ Milan PaswanversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on the stipulated conditions.
Summary
Milan Kumar Paswan was arrested in connection with a case registered under Sections 366A and 34 of the Indian Penal Code for allegedly kidnapping a minor girl for marriage. The victim’s statement recorded under Section 164 of the Criminal Procedure Code did not support the prosecution, and the magistrate had assessed the girl’s age as 19 years. The petitioner sought regular bail, arguing that the informant (the mother) had no objection and that he had been in custody since 27‑08‑2024. The State opposed bail, contending that the girl was still residing with the petitioner and that a child had been born out of wedlock. Considering the victim’s statement, the age assessment, the prolonged pre‑trial detention, and the filing of the charge‑sheet, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge (POCSO Act)‑cum‑District & Additional Sessions Judge, Munger.
Issues considered
- What is the appropriate discretion of the court in granting regular bail in a case under IPC Sections 366A and 34 where the victim’s statement does not corroborate the prosecution?
- Does the assessment of the victim’s age as 19 years affect the bail considerations under the POCSO Act?
Legislation cited
Subjects
- bail
- kidnapping for marriage
- IPC 366A
- victim statement
- age assessment
- POCSO Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77679 of 2025
Arising Out of PS. Case No.-145 Year-2022 Thana- JAMALPUR District- Munger
======================================================
Milan Kumar Paswan @ Milan Paswan S/O Ram Bhaju Paswan R/O Vill.-
Balipur, Mandap, P.S.- Jamalpur, District- Munger
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rina Devi W/O Late Devki Vishwakarma R/O Balipur Jamalpur, P.S.-
Jamalpur, District- Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate
Ms. Shrishti Rani, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
Mr. Ajay Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jamalpur P.S. Case
no.145 of 2022 registered under sections 366A and 34 of the
Indian Penal Code.
3. As per the prosecution case, the informant states
that the petitioner has kidnapped her minor daughter for the
purpose of marriage.
4. Learned counsel for the petitioner submits that the
daughter of the informant returned and her statement was
Patna High Court CR. MISC. No.77679 of 2025(4) dt.11-02-2026
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recorded under section 164 Cr.P.C. wherein she has not
supported the prosecution case. It is further submitted that the
Magistrate who recorded the statement of the victim under
section 164 Cr.P.C. assessed her age to be 19 years. Referring to
the order of the learned trial Court, it is submitted that even the
informant does not have any objection to grant of bail to the
petitioner. The petitioner is in custody since 27.8.2024.
5. The application for bail is opposed by learned A.P.P
for the State. Learned counsel appearing for the informant
submits that the daughter of the informant is residing at the
petitioner’s place and they have a child out of the wedlock.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R, the
contents of statement of the victim recorded under section 164
Cr.P.C., the assessment of age of the victim by the Magistrate to
be 19 years together with the petitioner having remained in
custody for over 1 year 5 months since 27.8.2024 and charge-
sheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Jamalpur P.S.
Case no.145 of 2022 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge,
Patna High Court CR. MISC. No.77679 of 2025(4) dt.11-02-2026
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(POCSO Act) -cum- District & Additional Sessions Judge VI,
Munger.
(Partha Sarthy, J)
Shiv/-
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