Manish Kumar Paswan @ Manish Kumar v. The State of Bihar
CR. MISC./44963/2025 · 2025-09-09
Chandra Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99561 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99561 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44963 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- BIRPUR District- Supaul ====================================================== Manish Kumar Paswan @ Manish Kumar Son of Kameshwar Paswan Village- Hridayanagar Ward No 04 PS- Birpur District -Supaul ... ... Petitioner/s Versus
1. The State of Bihar bihar
2. Kaushik Kumar Pandey son of Late shyama Pandey Village- Birpu, Ward No. 4, Ram Janki Mandir parisar Birpur, Ps- Birpur, Dist- Supaul ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Giri, Adv. For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Birpur P.S. Case No. 48 of 2025 (corresponding to POCSO Case No. 42/2025) dated 13.02.2025 registered for the offences punishable u/ss 96 read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner and the co- accused person are alleged to have kidnapped the minor daughter of the informant. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that as per para 16 of the case diary, the victim has been recovered. The victim in her statement recorded u/s 183 of the B.N.S.S. in which she has stated that no one had kidnapped her
Patna High Court CR. MISC. No.44963 of 2025(3) dt.09-09-2025 2/2 and also stated that she was in love with the petitioner and she herself went with the petitioner on her own sweet will and they solemnized marriage with each other in a temple. The medical board has assessed the age of the victim between 19 to 20 years and as such, the victim is major. As per the medical report of the victim, there is no sign of any physical assault. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 14.02.2025. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl. 6.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Birpur P.S. Case No. 48 of 2025 (corresponding to POCSO Case No. 42/2025). 7. The application stands allowed. Gautam/- (Chandra Prakash Singh, J) U T