Patna High Court
RAJA PASWAN @ ANURAG KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Raja Paswan (Anurag Kumar) was arrested on 4 August 2025 for alleged kidnapping of a girl with intent to marry, under Section 96 of the B.N.S., 2023. He filed a bail petition, claiming a clean criminal record and that the FIR was fabricated. The victim’s statement recorded under Section 183 of the B.N.S.S., 2023 did not support the prosecution and she refused a medical examination. The State and the informant opposed bail. Considering the petitioner’s clean antecedent and the victim’s non‑cooperation, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 96 of the B.N.S., 2023 for alleged kidnapping.
- Whether the victim’s non‑supportive statement under Section 183 of the B.N.S.S., 2023 and refusal of medical examination affect the bail decision.
Legislation cited
Subjects
- bail
- kidnapping
- false allegations
- victim statement
- clean antecedent
- Section 96
- Section 183
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81870 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
RAJA PASWAN @ ANURAG KUMAR Son of Jagnarayan Paswan Resident
of Village - Mahendwar, P.S.- Bhagwanpur, District - Kaimur (Bhabua)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Babulal Dhobi Son of Late Ganga Dhobi Resident of Village -
Mahendrawar, P.S.- Bhagwanpur, Distt.- Kaimur (Bhabua)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar, Advocate
For the Informant : Mr. Dharmendra Kumar Singh, Advocate
For the State : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 31-01-2026 Heard Mr. Vikash Kumar, learned counsel for the
petitioner, Mr. Dharmendra Kumar Singh, learned counsel for
the Informant and Mr. Kalyan Shankar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
04.08.2025, in connection with Bhagwanpur P.S. Case No. 179
of 2025, F.I.R. dated 28.07.2025 registered for the offences
punishable under Sections 96 of the B.N.S, 2023.
3. Allegation against the petitioner is that he has
kidnapped the victim girl with the intention to marry with her.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.81870 of 2025(5) dt.31-01-2026
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implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
He further submits that the victim was recovered and her
statement was recorded under Section 183 of the B.N.S.S., 2023
in which she has not supported the case of the prosecution and
apart from that she has also refused for her medical examination
and the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 04.08.2025.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
victim has not supported the case of the prosecution in her
statement recorded under Section 183 of the B.N.S.S., 2023 and
she has also refused for her medical examination, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned District &
Additional Sessions Judge, Sixth cum Special Judge POCSO
Act, Kaimur (Bhabhua) in connection with Bhagwanpur P.S.
Patna High Court CR. MISC. No.81870 of 2025(5) dt.31-01-2026
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Case No. 179 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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