Patna High Court
Rahish Paswan @ Rahish Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for anticipatory bail, holding that the circumstances did not constitute kidnapping warranting denial of bail.
Summary
Rahish Paswan was arrested in connection with a kidnapping case (PS Kusheshwar Asthan Case No. 199 of 2025) under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he kidnapped a girl, but the victim’s statement indicated that she had voluntarily eloped with the petitioner. The petitioner sought anticipatory bail, claiming innocence and a clean record, while the State opposed the relief. The Court examined the victim’s statement and concluded that the alleged act did not amount to kidnapping. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a kidnapping case where the victim alleges voluntary elopement
- Whether the allegations under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, constitute a non‑bailable offence in the present facts
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- elopement
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90801 of 2025
Arising Out of PS. Case No.-199 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Rahish Paswan @ Rahish Kumar Paswan Son of Suresh Paswan R/o Village -
Sakirna, P.S.- Kusheshwar Asthan, District - Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha, Advocate
For the Opposite Party/s : Mr. Sharda Kumari,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kusheshwar Asthan P.S. Case No. 199 of 2025 registered for
offences under Sections 137(2), 96 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
Patna High Court CR. MISC. No.90801 of 2025(2) dt.28-01-2026
2/2
6. I have heard and considered the submissions of the
parties. Though the allegation against the petitioner is of
kidnapping the victim girl but from the statement of the victim
girl it appears that the victim girl had eloped with the petitioner
on her own.
7. Considering the aforesaid, this application for
anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned S.DJ.M.,
Biraul, Darbhanga/concerned Court below in connection with
Kusheshwar Asthan P.S. Case No. 199 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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