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Patna High Court

Dilkhush Kumar PaswanversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the seriousness of the alleged kidnapping and sexual offences against a minor precludes the grant of bail.

Summary

The petitioner, Dilkhush Kumar Paswan, applied for bail after being in judicial custody since July 17, 2025 in connection with FIR No. 158 of 2025 alleging kidnapping of a minor for marriage and rape. The prosecution alleged that the petitioner, along with co‑accused, abducted the informant’s minor daughter on July 5, 2025, and committed sexual offences, with the victim’s statement recorded under Section 183 of the Bharatiya Nyay Sanhita. The petitioner claimed a clean antecedent and asserted that the allegations were false and fabricated. The State and the informant’s counsel opposed bail, emphasizing the seriousness of the offences and the victim’s minor status. The court, after considering the facts, declined to grant bail, holding that the nature of the alleged crimes under the Bharatiya Nyay Sanhita and the POCSO Act warranted continued custody.

Issues considered

  • Whether bail should be granted to the petitioner under Section 96, 3(5) of the Bharatiya Nyay Sanhita in view of the alleged kidnapping and rape of a minor.
  • Whether the alleged conduct falls within the ambit of the Protection of Children from Sexual Offences (POCSO) Act, justifying denial of bail.
  • Whether the petitioner’s clean antecedent and claim of false implication are sufficient grounds for bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child marriage
  • rape
  • minor
  • POCSO Act
  • Bharatiya Nyay Sanhita
  • criminal procedure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85754 of 2025
                 Arising Out of PS. Case No.-158 Year-2025 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
                 Dilkhush Kumar Paswan Son of Kishan Paswan @Vishundev Paswan
                 Resident of village Gudiya, P.S. Kumarkhand, District - Madhepura


                                                                               ... ... Petitioner/s
                                                     Versus


            1.   The State of Bihar
            2.   X W/o Y R/o village Gudiya, W. No. 12, P.S. Kumarkhand, District
                 Madhepura


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :     Mr. Syed Mojibur Rahman, APP
                 For the Informant        :     Mr. Manjeet Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-03-2026                      Heard Mr. Nafisu Zzoha, learned counsel for the

                  petitioner, Mr. Syed Mojibur Rahman, learned A.P.P. for the

                  State and Mr. Manjeet Kumar Mishra, learned counsel for the

                  Informant.

                                  2. The petitioner seeks bail, who is in custody since

                  17.07.2025 in connection with Kumarkhand P.S. Case No. 158 of

                  2025, FIR dated 07.07.2025 registered for the offence under

                  Section 96, 3(5) of the Bharatiya Nyay Sanhita, 2023.

                                  3. According to the prosecution case, it is alleged

                  that on 05.07.2025 at about 5.00 PM, the petitioner along with
Patna High Court CR. MISC. No.85754 of 2025(3) dt.30-03-2026
                                            2/3




        other co-accused persons kidnapped the minor daughter of the

        informant with intention for marriage.

                         4. Learned counsel appearing for the petitioner

        submits that the petitioner has clean antecedent and he has falsely

        been implicated in this 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 offences as alleged in the F.I.R

        and the petitioner is rotting in judicial custody since 17.07.2025.

                         5. Learned counsel for the Informant as well as

        learned A.P.P. for the State on the basis of materials available on

        record as well case diary have vehemently opposed the prayer for

        bail of the petitioner and submits that statement of the victim was

        recorded under Section 183 BNSS in which she has fully

        supported the case of the prosecution and she has also stated that

        the petitioner and other co-accused persons committed rape upon

        her and apart from that date of the birth of the victim is

        17.08.2010 which suggest that on the alleged date of occurrence,

        she was minor.

                         6. Considering the facts and circumstances of the

        case, I am not inclined to enlarge the petitioner on bail in

        connection with District & Additional Sessions Judge-VI-cum-

        Special Judge, POCSO Act, Madhepura pending in the Court of
            Patna High Court CR. MISC. No.85754 of 2025(3) dt.30-03-2026
                                                        3/3




                    Kumarkhand P.S. Case No. 158 of 2025,.

                                 7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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