Saurabh Paswan @ Sourav Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26055 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- RAJAON District- Banka ====================================================== Saurabh Paswan @ Sourav Paswan S/o- Gopal Paswan Resident Of VillageMahada, Po- Vamdev, Ps-Rajoun, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shraddhanand Paswan For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rajoun P.S. No. 139 of 2024 dated 09.03.2024 registered for the offence/s punishable u/ss 363, 365 of the Indian Penal Code and section 4 of POCSO Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is love affair between
Patna High Court CR. MISC. No.26055 of 2025(2) dt.06-05-2025 2/3 the petitioner and the victim. The victim is living in her matrimonial house i.e. petitioner's house as his wife and gave birth to a female child. It is further submitted that the informant also accepted the marriage of her daughter with the petitioner and gave an application in the court below concerned during the hearing of the bail petition and submitted that she is not interested in contesting the case in future. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Rajoun P.S. No. 139 of 2024, with the condition/s-:
(1). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.26055 of 2025(2) dt.06-05-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T