Raj Kumar Paswan @ Raj @ Makhru @ Makhru Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63708 of 2025 Arising Out of PS. Case No.-875 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Raj Kumar Paswan @ Raj @ Makhru @ Makhru Paswan Son of Ranjeet Paswan Resident of Village - Akauna, P.S. - Sirari, District - Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arti Devi Wife of Pawan Paswan R/o Village - Dayal Tola, Balupar, P.S. - Lakhisarai, Dist. - Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 875 of 2023, instituted for the offences punishable under Section 366(A) of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner along with other co-accused person kidnapped informant's minor daughter for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the

Patna High Court CR. MISC. No.63708 of 2025(5) dt.01-12-2025 2/3 allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. It is next submitted that the victim has not supported the prosecution case in her statement recorded under Section 164 of Cr.P.C. and has stated that she on her own will went with the petitioner and has solemnized marriage with him. It is further submitted that the victim has also refused for her medical examination. The petitioner is in custody since 07.07.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation levelled against the petitioner of kidnapping the informant's minor daughter for the purpose of marriage. It is further submitted that Charge-sheet has been submitted under Sections 366(A) and 376 of the Indian Penal Code. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a

Patna High Court CR. MISC. No.63708 of 2025(5) dt.01-12-2025 3/3 period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T