Narayan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61184 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- BALUA BAZAR District- Supaul ====================================================== Budhan Paswan @ Budhan Kumar S/o Narayan Paswan R/o VillageGurdhariya, Ward No. 01, P.S.- Baluwa Bazar, Dist.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64269 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- BALUA BAZAR District- Supaul ====================================================== Narayan Paswan son of Suvalal Paswan Resident Of Village -Gurdhariya Ward No 01 Police Station- Baluwa Bazar District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 61184 of 2025) For the Petitioner/s :
Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr. Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 64269 of 2025) For the Petitioner/s :
Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Baluwa Bazar Police Station Case No. 13 of 2025, disclosing offences under Sections 87, 3(5) of the BNS, 2023.
3. As per the FIR, on 27.03.2025, at about 11:00
Patna High Court CR. MISC. No.61184 of 2025(2) dt.17-09-2025 2/3 am, the 19 years old daughter of the informant went to the market but did not return. On inquiry, the informant came to know that petitioners along with other accused persons kidnapped/abducted the informant's daughter. The marriage of the informant's daughter/victim was solemnized with another person on 18.03.2025.
4. Learned Counsel for the petitioners submits that petitioner in Cr. Misc. No. 61184 of 2025 i.e., Budhan Paswan was having love relationship with the victim girl from before, however, the victim girl was married to some another boy which was not to the liking of the victim accordingly, she voluntarily left her house and went with the petitioner/Budhan Paswan. He further submits that in the FIR, the informant himself disclosed the age of the victim as 19 years. The victim in her statement recorded under Section 183 of the BNSS has disclosed her age as 19 years and in the medical examination also, the age of the victim girl has been found as 19 years. The girl has been recovered and her statement under Section 183 of the BNSS has been recorded in which she has stated that she went with the petitioner/Budhan Paswan on her own free will and has performed marriage in a temple. She was not kidnapped/abducted by the petitioners.
Patna High Court CR. MISC. No.61184 of 2025(2) dt.17-09-2025 3/3
5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 183 of the BNSS and the fact that petitioner in Cr. Misc. No. 64269 of 2025 i.e., Narayan Paswan is father of petitioner in Cr. Misc. No. 61184 of 2025 i.e., Budhan Paswan with whom the victim had allegedly performed marriage, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Supaul, in connection with Baluwa Bazar Police Station Case No. 13 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T