Jhalla Paswan @ Sudhir Kumar@ Sudhir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71547 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- SARAI District- Vaishali ====================================================== Jhalla paswan @ Sudhir kumar@ Sudhir Paswan S/O Nanhak paswan @ Nanki Paswan Resident of village - Bakhra Khurd, P.S- Bhagwanpur, DistVaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savita Devi W/O Umesh Ram Resident of village - Jalapur Dallu, P.S- Sarai, Dist- Vaishali.

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

For the Petitioner/s :

Mr. Sagar Kumar, Adv.

Mr. Hrsla Shashwat, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarai P.S. Case No. 91 of 2025 dated 25.04.2025 registered for the offences punishable under Sections 87 of the B.N.S. and Sections 137(2), 96 read with Section 3(5) of B.N.S and Section 8/12 of the POCSO Act were added.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by seducing her on the pretext of marriage. When the informant

Patna High Court CR. MISC. No.71547 of 2025(2) dt.18-11-2025 2/3 went to the house of the petitioner then the petitioner and the other co-accused persons started abusing and saying that the petitioner solemnized marriage with her daughter and they threatened the informant to kill her daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There was love affair between the petitioner and the victim and she went away with the petitioner on her own will. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced/seduced to have illicit relationship with another person. It is further submitted that the occurrence took place on 16.04.2025 but the FIR was lodged on 25.04.2025, i.e. the delay of 10 days in lodging the FIR, and there is no explanation for this delay. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl and she was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.71547 of 2025(2) dt.18-11-2025 3/3

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, Vaishali at Hajipur in connection with Sarai P.S. Case No. 91 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T