Patna High Court
Upendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to the petitioner, finding the allegations serious and the age inconsistency material.
Summary
The petitioner, Upendra Paswan, applied for regular bail in a kidnapping case (PS Case No.155 of 2025) under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Paswan abducted the 12‑year‑old daughter of an informant and, according to the informant’s statement under section 183, forced himself upon her. Paswan contended that the girl had gone with him voluntarily and that he was falsely implicated, noting a medical report that placed her age between 16‑18 years. The court observed the inconsistency in the victim’s age—13 years in the statement and 16‑18 years in the medical examination—and the serious allegation of rape, and therefore refused bail. The trial court was directed to expedite the trial.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping and alleged rape case under the Bharatiya Nyaya Sanhita, 2023.
- Whether the inconsistency in the victim’s age and the allegation of rape preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 96
Subjects
- bail
- kidnapping
- rape
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88001 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Upendra Paswan S/O Mahendra Paswan R/O Village- Dubarbana, P.S.-
Pakaridayal, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kishun Ram Son of Late Gagan Ram Resident of Village- Raghopur, P.S-
Chiraiya, District- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chiraiya P.S. Case
no.155 of 2025 registered under sections 96 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the accused persons including the petitioner herein
kidnapped his 12 year old daughter.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The daughter
of the informant went with the petitioner on her own volition.
Her age has been estimated to be between 16-18 years in the
Patna High Court CR. MISC. No.88001 of 2025(4) dt.24-02-2026
2/2
medical examination.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration that the age of the daughter of the
informant in her statement under section 183 B.N.S.S. has been
described to be 13 years, in the medical examination between
16-18 years and in her statement under section 183 B.N.S.S., the
daughter of the informant has stated about the petitioner having
committed rape/forced himself upon her, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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