Lalan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31815 of 2026 Arising Out of PS. Case No.-350 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Lalan Paswan S/o Ramshresth Paswan @ Ramshith Paswan, Resident of Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran 2.

Arvind Kumar S/o Ramshresth Paswan @ Ramshith Paswan Resident of Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran 3.

Deepak Kumar S/o Ramshresth Paswan @ Ramshith Paswan Resident of Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran 4.

Ramshresth Paswan @ Ramshith Paswan s/o Late Desai Paswan @ Late Dasai Paswan, Resident of Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran 5.

Urmila Devi, W/o Ramshresth Paswan @ Ramshith Paswan, Resident of Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran 6.

Pooja Devi, W/o Lalan Paswan, Resident of Village- Loharganwa, PS -Garahiya Bazar, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baidyanath Prasad, S/o Ramchandra Prasad, R/o Vill - Bahuara Bhan, Ward No. 10, P.s.- Madhuban, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Madhuban P.S. Case No. 350 of 2025 dated 21.09.2025 instituted for the offence punishable under Sections 96, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that co-accused,

Patna High Court CR. MISC. No.31815 of 2026(2) dt.07-05-2026 2/3 Arun Kumar kidnapped the minor daughter of the informant. In carrying out this incident, they were assisted by the accused persons including the petitioners. An Apache motorcycle was used in this incident which Reg. No. is BR05L2243.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the main allegation is against the co-accused, namely, Arun Kumar who fled away with the victim girl. Petitioner nos. 1 to 3 are the elder brothers of Arun Kumar, petitioner nos. 4 & 5 are his parents and petitioner no. 6 is the wife of petitioner no. 1 (Bhabhi of Arun Kumar). The petitioners have no role in the said crime. It is further submitted that the after recovery of the victim girl, the statement of the victim girl was recorded under Section 183 of B.N.S.S.. As a matter of fact, the victim and Arun Kumar was in love affair and they solemnized their marriage which would be apparent from the statement of victim under Section 183 of B.N.S.S. After marriage, they were living in Delhi. The petitioners have been made accused in this case only on the basis that they are family members of Arun Kumar. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.31815 of 2026(2) dt.07-05-2026 3/3

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Madhuban P.S. Case No. 350 of 2025, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th District & Additional Sessions Judge-cum- Special Judge, POCSO Act, East Champaran, Motihari subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) premchand/- U T