Bittu Paswan @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26439 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- Bharatkhand District- Khagaria ====================================================== 1.
Bittu Paswan @ Bittu Kumar S/o Late Shyam Paswan Resident of vill - Bharatkhand Deorhi, P.S.- Bharatkhand, Distt.- Khagaria 2.
Binita Devi @ Binita Devi Jaha W/o Diwakar Paswan Resident of vill - Bharatkhand Deorhi, P.S.- Bharatkhand, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Singh- Advocate Mr. Parmatma Singh- Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh- A.P.P.
Mr. Buddhi Lal Yadav- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025
1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 96, 126(2), 115(2), 351(2) and (3), 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of three cases, out of which two cases are under the Excise Act and petitioner no.2 is a person with clean antecedent and is wife of petitioner no.1. It is next submitted that in sum and substance the allegation in the FIR is that accused persons kidnapped the minor daughter of the informant. It is
Patna High Court CR. MISC. No.26439 of 2025(6) dt.04-09-2025 2/3 submitted that daughter of the informant was in love with Rohit, younger brother of petitioner no.1 and they eloped. It is submitted that Rohit along with the victim are staying in Jammu. It is also submitted that earlier a Panchayati was convened for resolving the dispute as would manifest from Annexure-2 to the anticipatory bail application.
4. The learned counsel for the petitioners submits that when the case was taken up on 04.08.2025, the learned A.P.P. was directed to verify about the genuineness of Annexure-2 from the Superintendent of Police, Khagaria. It is submitted that thereafter the case was taken up on 19.08.2025, when the learned A.P.P. based on instruction has submitted that the Superintendent of Police has verified that the Panchayati which was held on 12.08.2025 for resolving the dispute is genuine. It is next submitted that on the said date i.e. 19.08.2025, a submission was made on behalf of the petitioners that they will make endeavours to ensure that the victim is back. It is submitted that petitioners telephonically talked to Rohit requesting him to come back with the victim, so that her statement is recorded in the Court, but then, Rohit and the victim are adamant that they will not come back. It is also submitted that petitioners will furnish the phone number of Rohit to the Station House Officer, Bharatkhand Police Station, Khagaria for investigating the issue. The learned counsel for the
Patna High Court CR. MISC. No.26439 of 2025(6) dt.04-09-2025 3/3 petitioners next submits that the petitioners being related to Rohit are facing the consequences when they are not involved in the occurrence and are willing to help the police in the investigation.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Mr. Saurav Kumar, the learned Judicial Magistrate, 1st Class, Khagaria in connection with Bharatkhand P. S. Case No.07 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T