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Patna High Court

Rohit Paswan @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner under the provisions of Section 438(2) CrPC and Section 482(2) CrPC.

Summary

The petitioner, Rohit Paswan, applied for bail after being implicated in a complaint alleging kidnapping of a minor girl with intent to force her into marriage, invoking offences under Sections 126 and 127 of the Bihar Negotiable Substances Act (BNS) and Sections 8 and 12 of the POCSO Act. The petitioner claimed innocence, asserting that the main accused was his cousin and that earlier cases filed by the victim’s parents had been closed by the police. The court examined whether bail could be granted despite the serious nature of the offences and the pending investigation. Relying on the provisions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482(2) of the CrPC, the court found no substantive ground to deny bail. Consequently, the application was allowed, and bail was granted on a bond of Rs 10,000 with two sureties, subject to the usual conditions.

Issues considered

  • Whether bail can be granted in a case involving kidnapping and alleged forced marriage under Sections 126, 127 of the BNS and Sections 8, 12 of the POCSO Act
  • Whether the prior closure of related cases by police affects the grant of bail
  • Whether the conditions of Section 438(2) CrPC and Section 482(2) CrPC are satisfied for anticipatory bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • forced marriage
  • POCSO
  • BNS
  • Criminal Procedure
  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89362 of 2025
                  Arising Out of PS. Case No.-101 Year-2024 Thana- WEST CHAMPARAN COMPLAINT
                                                District- West Champaran
                 ======================================================
                 Rohit Paswan @ Rohit Kumar S/O Motichan Paswan @ Motichand Paswan
                 R/O Village-Ramnagr Bankat, P.S.- Majhauliya, District- West Champaran

                                                                             ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/O Y R/O Village-Ramnagr Bankat, Ward no. 9, P.S.- Majhauliya,
                 District- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :        Mr.Pramod Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Complaint Case No. 101 of 2024 registered for

                   the offence under Section 126, 127 of the BNS and under

                   Section 8 and 12 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   said to have kidnapped the victim with an intention to forcefully

                   marry her.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that Chotu
          Patna High Court CR. MISC. No.89362 of 2025(2) dt.04-02-2026
                                                      2/2




                    Paswan is the main accused in this case who is cousin brother of

                    the petitioner. He next submits that earlier, the parents of the

                    alleged victim girl has filed cases against the petitioner but the

                    police has submitted final form in those cases and now this

                    complaint case has been filed against the petitioner.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                    6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned District and

                    Additional Sessions Judge-VI-cum-Special Judge, POCSO,

                    Bettiah, West Champaran,subject to the conditions laid down in

                    Section 438(2) of the Code of Criminal Procedure, 1973 /

                    Section 482(2) of the BNSS.



                                                                   (Sandeep Kumar, J)
Vikas/-

U


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