Patna High Court
Vikram PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Vikram Paswan, applied for anticipatory bail in a case where he was alleged to have assaulted the informant and, indirectly, caused the informant's daughter to commit suicide. The FIR charged him under Sections 115(2), 108, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023. The petitioner argued that he was merely in a consensual love relationship with the deceased and had no role in her suicide. The prosecution contended that his assault on the informant led to the daughter’s suicide. Considering the nature of the allegations and the lack of evidence of abetment, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with the lower court’s directions.
Issues considered
- Whether anticipatory bail can be granted to the petitioner accused under Sections 115(2), 108, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the petitioner’s alleged assault on the informant amounts to abetment of the daughter’s suicide.
- Whether the petitioner is likely to tamper with evidence or influence witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 108, 115(2), 351(2), 352
Subjects
- anticipatory bail
- abettor of suicide
- love relationship
- criminal law
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bhartiya Nyaya Sanhita
- Section 115(2)
- Section 108
- Section 352
- Section 351(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10378 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- HARPUR District- East Champaran
======================================================
Vikram Paswan S/o- Hirday Paswan @ Hriday Pasawan Village- Uchhidhi,
P.S.- Harpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Harpur Police Station Case No. 132 of 2025, dated
03.11.2025, disclosing offences punishable under
Sections 115(2)/108/352/351(2) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the daughter of the informant was having chat with
the petitioner on mobile. The informant arranged his
daughter’s marriage at some other place. On 02.01.2025,
the daughter of the informant was found talking with the
petitioner and when the informant told her not to talk with
him, in the evening the petitioner came to the house of the
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informant, started abusing and assaulting him and also
threatened to lift his daughter. When the informant went
to neighbouring villagers, the daughter of the informant
locked herself inside the room and committed suicide by
hanging.
4. Learned Counsel for the petitioner submits that the
petitioner was having love relationship with the deceased
and they used to talk on the mobile phones, which was
objected by the informant. There is no allegation that the
petitioner abetted in suicide committed by the daughter of
the informant and take active participation in it.
5. Learned Additional Public Prosecutor submits that when
the informant objected his daughter not to talk with the
petitioner, the petitioner came at the house of the
informant, abused and assaulted him, due to which the
daughter of the informant committed suicide.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the nature of
allegation made in the First Information Report and the
fact that the petitioner and the deceased were having love
relationship, which was objected by the informant, I am
inclined to grant the petitioner privilege of anticipatory
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bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, East Champaran, at
Motihari, in connection with Harpur Police Station Case
No. 132 of 2025, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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