Ujjwal Paswan @ Chhotu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46081 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- MAIGRA District- Gaya ====================================================== Ujjwal Paswan @ Chhotu Paswan S/O Hari Paswan R/O Vill.- Hesra Rampur, P.S.- Maigra, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Barat Paswan S/O Jagdish Paswan R/O Vill.- Piperwar Tola- Moktarganj, P.S.- Maigra, Dist.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Maigra P.S. Case No. 100 of 2024 instituted for the offence under Sections 96, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

As per prosecution case, it is alleged that the petitioner along with co-accused kidnapped the informant's daughter and threatened informant not to inform the police. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.46081 of 2025(4) dt.22-09-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to old enmity, while the alleged victim continues to reside in her parental home. Both parties have amicably settled the dispute through a joint compromise petition dated 21.05.2025, wherein the informant has no grievance against the petitioner. Hence, no offence under the B.N.S. or POCSO Act is made out against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The learned APP for the State has opposed the submission of compromise being done on the ground that the offences involved in this case are not compoundable. Referring to the statement of the victim recorded under Section 183 of the BNSS, 2023, it is submitted that victim has deposed that she was kidnapped. Charge sheet has already been submitted in this case under Sections 96, 351(2), 74 & 75 of the BNS and Sections 8 & 12 of the POCSO Act.

7.

Considering the aforesaid facts and circumstances of the case and taking into account the statement of the victim recorded under Section 183 of the BNSS, 2023, this Court is not

Patna High Court CR. MISC. No.46081 of 2025(4) dt.22-09-2025 3/3 inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

9.

However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of four months.

(Rudra Prakash Mishra, J) Raj Kishore/- U T