Upendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88001 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Upendra Paswan S/O Mahendra Paswan R/O Village- Dubarbana, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kishun Ram Son of Late Gagan Ram Resident of Village- Raghopur, P.SChiraiya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2026
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case no.155 of 2025 registered under sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that the accused persons including the petitioner herein kidnapped his 12 year old daughter.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter of the informant went with the petitioner on her own volition. Her age has been estimated to be between 16-18 years in the
Patna High Court CR. MISC. No.88001 of 2025(4) dt.24-02-2026 2/2 medical examination.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration that the age of the daughter of the informant in her statement under section 183 B.N.S.S. has been described to be 13 years, in the medical examination between 16-18 years and in her statement under section 183 B.N.S.S., the daughter of the informant has stated about the petitioner having committed rape/forced himself upon her, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T