Radhey Paswan @ Radhe Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6615 of 2025 Arising Out of PS. Case No.-89 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== 1.
Radhey Paswan @ Radhe Ram S/o Late Jitan Paswan @ Jinan Paswan R/o Village- Behata, P.S.- Benipatti, District- Madhubani 2.
Lalita Devi W/o Radhey Paswan @ Radhe Ram R/o Village- Behata, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan deo Yadav, Adv.
Mr. Ravi Prakash, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case registered for offence under Sections 363, 366(A), 34 of the Indian Penal Code.
3. As per prosecution case, on 18.04.2023, all the F.I.R. named accused persons including these petitioners kidnapped 16 years old daughter of informant for the purpose of marriage.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case. F.I.R. has been lodged after a delay of 18 days and there is no plausible
Patna High Court CR. MISC. No.6615 of 2025(3) dt.03-04-2025 2/2 explanation for delay. No specific allegation of overt act has been alleged against these petitioners and petitioners have been made accused in this case merely because they happen to be uncle and aunt of co-accused Kaushal Paswan, against whom, there is specific allegation of kidnapping.
5. However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that the victim, in her statement recorded under Section 164 Cr.P.C., has specifically stated that these two petitioners forcibly solemnized her marriage with co-accused Kaushal Paswan.
6. Considering the nature of accusation and statement of the victim recorded under Section 164 Cr.P.C., the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay U T