Patna High Court - Orders
Raj Kumar Paswan vs The State Of Bihar on 31 March, 2026
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71383 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- Dhobaha District- Bhojpur
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Raj Kumar Paswan Son of Shankar Paswan R/O Village- Baghi Pakar,
Dhamar, P.S.- Dhobaha, District- Bhojpur
... ... Petitioner
Versus
1. The State of Bihar
2. Dwarika Paswan, Son of Shankar Paswan Resident of village- Baghi Pakar,
Dhamar, P.S.- Dhobaha, District- Bhojpur
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, A.P.P.
For opposite party no.2 Mr. Jogendra Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 31-03-2026Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 96 of the Bharatiya Nyaya Sanhita, 2023 and sections 8 and 12 of the POCSO Act.
3. As per prosecution case, petitioner forcibly kidnapped minor daughter of the informant. Further, on 1.1.2025, victim was recovered from a railway station.
4. It is submitted on behalf of the petitioner that this petitioner is innocent and has falsely been implicated in this case. F.I.R. has been lodged after delay of three days without any explanation which renders the entire prosecution case doubtful. Learned counsel submits that the victim has stated left the house out of her free will and joined orchestra team of the Patna High Court CR. MISC. No.71383 of 2025(4) dt.31-03-2026 2/3 petitioner and when petitioner came to know that she left her house against wishes of her parents, he himself took her to Dhobaha police station on 7.3.2025. She is presently residing with her parents. It appears that 180 BNSS statement of victim was recorded on 8.3.2025, while her 183 BNSS statement was recorded on 10.3.2025. Victim thereafter appears to have been examined in-camera before the Additional SP, Ara Sadar on 4.4.2025 wherein she stated that she had made false sttement u/s 183 BNSS in the Court, under influence of one Shambhu Singh, who had enimity with the petitioner. Victim has further stated that the petitioner had not done any wrong with her. It is also the case of the petitioner that parties including the victim have compromised the case and have filed compromise petition dated 19.3.2025 before the court of Sub Divisional Judicial Magistrate, Bhojpur at Ara. Petitioner claims clean antecedent.
5. Learned counsel for the State and the opposite party no.2 opposed the prayer for pre-arrest bail. Learned counsel for opposite party no.2 submits that victim is a minor girl and she has alleged that this petitioner forcibly kidnapped her.
6. Considering the backdrop of the case, nature of accusation and inconsistent statements of the victim, prayer for bail of this petitioner is allowed. In the event of arrest/surrender Patna High Court CR. MISC. No.71383 of 2025(4) dt.31-03-2026 3/3 within eight weeks from today, let this petitioner, mentioned above, be enlarged 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 District and Additional Sessions Judge VI cum Exclusive Special Court, POCSO Act, Bhojpur at Ara in Dhobaha Police Station Case No. 29 of 2025, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
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