Patna High Court
Azad Kumar @ Azad Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 363, 366A, 376, 504
- Protection of Children from Sexual Offences Act — s. 4
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
Checking your session…