Amit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80838 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Amit Paswan S/O Ramji Paswan @ Lal Kishore Paswan @ Lalkishore Resident of Village -Singhpur Haraiya ,Police Station - Raxaul District East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gulzar Miyan S/O Fulmaan Miyan Resident of Village -Rampurwa, Police Station -Mainatand ,District West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Mainatand P.S. Case No. 74 of 2023 registered for the offences punishable under Sections 341, 323, 363, 366(A), 504, 506, and 34 of the I.P.C., and under Section 8 of the POCSO Act.
3. The prosecution case is to the effect that the informant, namely Guljar Miyan, submitted a written complaint stating that her sister, who was aged about sixteen years, had gone out with her elder sister, namely
Patna High Court CR. MISC. No.80838 of 2024(4) dt.01-05-2025 2/3 Amna Khatoon and Amit Paswan (petitioner) teased her, and subsequently the informant alleged that the said Amit Paswan (petitioner) has kidnapped his sister with the intention of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case, as it was not a case of forceful kidnapping or forceful marriage; in fact, it was a consented marriage between the victim and the petitioner, and the so-called victim had gone along with the petitioner out of her own sweet will. He further submits that the alleged victim girl was recovered, and she, in her statement under Sections 161 and 164 of the Cr.P.C., has not supported the factum of being forcefully taken away by the petitioner. Lastly, it has been submitted that the petitioner has a clean antecedent, and he is in custody since 26.09.2024.
5. Learned APP has vehemently opposed the prayer for bail.
6. Considering the aforesaid submissions made by the parties and taking into consideration that the alleged victim
Patna High Court CR. MISC. No.80838 of 2024(4) dt.01-05-2025 3/3 girl has herself not supported the factum of the prosecution case both under Section 161 and 164 of the Cr.P.C. statements and taking into account that the petitioner is in custody since 26.09.2024, let the petitioner, above named, 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 the court of learned Additional District and Sessions Judge-VIIth Cum Special Judge POCSO, Bettiah, West Champaran, in connection with Mainatand P.S. Case No. 74 of 2023.
(Sourendra Pandey, J) aditya/- U