Bahadur Kumar Padwan @ Bahadur Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2196 of 2025 Arising out of PS. Case No.-112 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Bahadur Kumar Padwan @ Bahadur Paswan, S/o- Bhim Paswan, R/o VillageBattaq Rampur Ps- Chanan Dist- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jawahar Paswan, S/o- Late Sevak Paswan, R/o Village- Batta Rampur PSChanan, Dist- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.K. Lal, Sr. Advocate Mr. Umesh Prasad, Advocate For the Informant :

Ms. Minakshi Kumar, Advocate For the State :

Mr. Manish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Chanan P.S. Case No. 112 of 2023 instituted for the offences under Section 366A/34 of the Indian Penal Code. He has no criminal antecedent.

3. As per the prosecution case, the informant has alleged that the petitioner along with other family members had kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case of kidnapping

2/4 and no such incident had occurred as stated. It is further submitted that the petitioner and the victim girl were in love and the victim girl had gone out of her own sweet-will and had also solemnized the marriage. It is further submitted that the statement of the victim girl was recorded under Section 183 BNS and she has specifically stated that she had gone out of her own sweetwill and had performed the marriage and had also disclosed her age to be 18 and half years. It is also submitted that the victim girl had refused for medical examination. It is lastly submitted that the petitioner carries clean antecedent and he is in custody since 08.08.2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and have stated that there is allegation against the petitioner of kidnapping of minor daughter of the informant and as such he should not be released on bail.

6. Considering the aforesaid submissions of learned counsel and taking into account the statement of the victim girl recorded under Section 183 BNS and the petitioner is in custody since 08.08.2024, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

3/4 satisfaction of the learned Additional Chief Judicial MagistrateI, Lakhisarai in connection with Chanan P.S. Case No. 112 of 2023, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of

4/4 verification.

(Sourendra Pandey, J) Vikash/- U T