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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83889 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Azad Kumar @ Azad Kumar Paswan S/O Pintu Paswan R/o Village- Karauti (Karuti) Ward No. 11, P.S.-Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sikendar Paswan S/O late Bisheshwar Paswan R/o Village- Karauti Ward No. 11, P.S.-Udakishunganj, District- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the State :

Mr. Suman Kumari Singh, APP For the Informant :

Ms. Nagendra Upadhaya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 504 and 34 of the Indian Penal Code. Later on, Section 376 of IPC and Section 4 of POCSO Act were added.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that during course of the investigation, the victim has given her statement under Section

Patna High Court CR. MISC. No.83889 of 2025(4) dt.12-02-2026 2/3 164 of the Cr.P.C. wherein she has stated that she has gone out of her house on her own sweet will with this petitioner and reached Naya Nagar Durga Temple and they have solemnized marriage. She lived there for two days at the temple itself. After that, they went to Murliganj and from there, they went to Khagaria. They took a room on a rent. Learned counsel has further submitted that from perusal of the statement of the victim, it is clear that victim herself has gone with the petitioner. He has further submitted that in medical examination report, the age of the victim was found to be between 14-16 years and in medical examination, the doctors have opined that there is no recent sign of sexual intercourse at the time of her examination. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.07.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.83889 of 2025(4) dt.12-02-2026 3/3 Udakishunganj P.S. Case No. 144 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned DASJ-VI-cum-Spl. Judge, POCSO, Madhepura.

(Ashok Kumar Pandey, J) shubham/- U T