Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76035 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- MUSAHARI District- Muzaffarpur ====================================================== Raja Paswan son of Krishna Paswan @ Krishna Mohan Paswan, Resident of village- Budhanagra Radha, PS- Mushahari, Dist- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

X Son of Late Bechu Sahni, Resident of village- Budhanagra Radha, PSMushahari, Dist- Muzaffarpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Musharhari P.S. Case No. 29 of 2025 dated 24.02.2025, registered for the offences punishable under Sections 137(2) and 96 read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the minor daughter of the informant went missing and the informant named the petitioner and other co-accused persons for being involved in kidnapping of his daughter.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.76035 of 2025(3) dt.21-01-2026 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. It was a case of love affair between the petitioner and daughter o the informant. The victim girl was traced and her statement was recorded under Sections 180 and 183 of the B.N.S.S., wherein she stated that she was taken to Chennai by the petitioner by bus, a public transport, but she did not raise any alarm anywhere on her way. Learned counsel further submits that the victim girl also stated that she was in love with the petitioner and she returned back after coming to know about the lodging of the present case. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 28.02.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that victim refused to undergo medical examination.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the voluntary nature of the act of the victim girl and also considering the the clean antecedent of the petitioner, his period of custody and submission of chargesheet, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail

Patna High Court CR. MISC. No.76035 of 2025(3) dt.21-01-2026 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVII, Muzaffarpur / concerned Court, in connection with Musharhari P.S. Case No. 29 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T