Milan Kumar Paswan @ Milan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77679 of 2025 Arising Out of PS. Case No.-145 Year-2022 Thana- JAMALPUR District- Munger ====================================================== Milan Kumar Paswan @ Milan Paswan S/O Ram Bhaju Paswan R/O Vill.- Balipur, Mandap, P.S.- Jamalpur, District- Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rina Devi W/O Late Devki Vishwakarma R/O Balipur Jamalpur, P.S.- Jamalpur, District- Munger.

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate Ms. Shrishti Rani, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP Mr. Ajay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Jamalpur P.S. Case no.145 of 2022 registered under sections 366A and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner has kidnapped her minor daughter for the purpose of marriage.

4. Learned counsel for the petitioner submits that the daughter of the informant returned and her statement was

Patna High Court CR. MISC. No.77679 of 2025(4) dt.11-02-2026 2/3 recorded under section 164 Cr.P.C. wherein she has not supported the prosecution case. It is further submitted that the Magistrate who recorded the statement of the victim under section 164 Cr.P.C. assessed her age to be 19 years. Referring to the order of the learned trial Court, it is submitted that even the informant does not have any objection to grant of bail to the petitioner. The petitioner is in custody since 27.8.2024.

5. The application for bail is opposed by learned A.P.P for the State. Learned counsel appearing for the informant submits that the daughter of the informant is residing at the petitioner's place and they have a child out of the wedlock.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the contents of statement of the victim recorded under section 164 Cr.P.C., the assessment of age of the victim by the Magistrate to be 19 years together with the petitioner having remained in custody for over 1 year 5 months since 27.8.2024 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Jamalpur P.S. Case no.145 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge,

Patna High Court CR. MISC. No.77679 of 2025(4) dt.11-02-2026 3/3 (POCSO Act) -cum- District & Additional Sessions Judge VI, Munger.

(Partha Sarthy, J) Shiv/- U