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Patna High Court

Milan Kumar Paswan @ Milan PaswanversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                     3/3




                   (POCSO Act) -cum- District & Additional Sessions Judge VI,

                   Munger.



                                               (Partha Sarthy, J)
Shiv/-

U


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