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Patna High Court

Azad Kumar @ Azad Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Azad Kumar Paswan, was charged with kidnapping, kidnapping of a minor for sexual purposes, assault, and later rape and offences under the POCSO Act for allegedly abducting the minor daughter of the informant. He applied for regular bail, asserting innocence and citing a statement recorded under Section 164 of the CrPC in which the victim, aged 14‑16, claimed she voluntarily left home, married the petitioner at a temple, and lived with him, with no recent signs of sexual intercourse noted in the medical report. The State opposed bail, emphasizing the seriousness of the charges. The court examined the victim’s voluntary statement, the medical findings, and the petitioner’s lack of prior criminal record, and concluded that bail could be granted. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the designated judge.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges of kidnapping, rape, and offences under the POCSO Act.
  • Whether the victim’s voluntary statement under Section 164 CrPC and the medical report negate the prosecution’s case.
  • Whether the seriousness of the alleged offences outweighs the petitioner’s right to bail.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • rape
  • POCSO
  • minor
  • CrPC Section 164
  • IPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83889 of 2025
                      Arising Out of PS. Case No.-144 Year-2024 Thana- UDAKISHUNGANJ District-
                                                       Madhepura
                 ======================================================
                 Azad Kumar @ Azad Kumar Paswan S/O Pintu Paswan R/o Village- Karauti
                 (Karuti) Ward No. 11, P.S.-Udakishunganj, District- Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sikendar Paswan S/O late Bisheshwar Paswan R/o Village- Karauti Ward
                 No. 11, P.S.-Udakishunganj, District- Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Pawan Kumar, Advocate
                 For the State              :     Mr. Suman Kumari Singh, APP
                 For the Informant          :     Ms. Nagendra Upadhaya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   12-02-2026                          Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 363, 366A,

                   504 and 34 of the Indian Penal Code. Later on, Section 376 of

                   IPC and Section 4 of POCSO Act were added.

                                 3. The case of the prosecution is that the petitioner has

                   kidnapped the minor daughter of the informant.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of the

                   investigation, the victim has given her statement under Section
Patna High Court CR. MISC. No.83889 of 2025(4) dt.12-02-2026
                                            2/3




          164 of the Cr.P.C. wherein she has stated that she has gone out

          of her house on her own sweet will with this petitioner and

          reached Naya Nagar Durga Temple and they have solemnized

          marriage. She lived there for two days at the temple itself. After

          that, they went to Murliganj and from there, they went to

          Khagaria. They took a room on a rent. Learned counsel has

          further submitted that from perusal of the statement of the

          victim, it is clear that victim herself has gone with the petitioner.

          He has further submitted that in medical examination report, the

          age of the victim was found to be between 14-16 years and in

          medical examination, the doctors have opined that there is no

          recent sign of sexual intercourse at the time of her examination.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 03.07.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
            Patna High Court CR. MISC. No.83889 of 2025(4) dt.12-02-2026
                                                        3/3




                      Udakishunganj P.S. Case No. 144 of 2024 on furnishing bail

                      bond of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned DASJ-VI-cum-Spl.

                      Judge, POCSO, Madhepura.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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