Patna High Court

Dharam Raj Paswan @ Dharm Raj Paswan @ Dharm Raj Kumar @ Dharm Ram PaswanversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Dharam Raj Paswan, was arrested in connection with a case registered under Sections 376, 506/34 of the IPC, Section 6 of the POCSO Act and Section 67 of the IT Act, alleging penetrative rape, recording obscene videos, and threatening the victim. The petitioner sought regular bail, contending that he has a clean antecedent, has been in custody since 23.05.2025, and that he and the informant have married and are living a happy conjugal life. The counsel for the informant (Opposite Party No.2) also acknowledged the marriage and harmonious relationship. Considering these facts, the Court directed that bail be granted upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the petitioner’s cooperation in the trial. The order was pronounced by Hon’ble Justice Nawneet Kumar Pandey.

Issues considered

What is the appropriateness of granting regular bail to an accused charged with rape, threats, and offences under the POCSO and IT Acts?
Whether the marriage and alleged harmonious relationship between the accused and the informant affect the bail decision.

Legislation cited

Indian Penal Code — s. 376, 506/34
Information Technology Act — s. 67
Protection of Children from Sexual Offences (POCSO) Act — s. 6

Subjects

regular bail
rape
POCSO Act
IPC
IT Act
criminal procedure
marriage
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.64641 of 2025
                     Arising Out of PS. Case No.-52 Year-2025 Thana- DARBHANGA SADAR District-
                                                        Darbhanga
                 ======================================================
                 Dharam Raj Paswan @ Dharm Raj Paswan @ Dharm Raj Kumar @ Dharm
                 Ram Paswan S/o Kailash Paswan R/o village - Madhurapur, Shivjee Nagar,
                 Hathauri Kothi, P.S - Hathauri, District - Samastipur
                                                                       ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Saleha Parween D/o Mohammad Rabbani R/o Village - Loam, P.S - Sadar,
                  District - Darbhanga
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Mrityunjay Kumar,Adv.
                                                 Mr. Arinjay Kumar, Adv.
                 For the O.P. No. 2      :       Mr. Mukesh Kr. Singh, Adv.
                                                 Md. Danish Quamar, Adv.
                                                 Mr. Rajiv Kumar, Adv.
                 For the State           :       Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

6   21-01-2026                     Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                  2. The petitioner is seeking regular bail in connection

                   with Sadar P.S. Case No. 52 of 2025, registered for the offences

                   punishable under Sections 376, 506/34 of the IPC and Section

                   06 of the POCSO Act and Section 67 of the I.T. Act.

                                  3. The allegation against the petitioner is that he

                   committed penetrative rape upon the informant on several

                   occasions, recorded obscene videos on her mobile phone,

                   threatened to make the same viral and pressurized her to leave

                   her husband.
           Patna High Court CR. MISC. No.64641 of 2025(6) dt.21-01-2026
                                                       2/2




                                  4. The learned counsel for the petitioner has submitted

                     that the petitioner and the victim have solemnized their marriage

                     and are living happily. He has further submitted that the

                     petitioner is a person of clean antecedent and has been in

                     custody since 23.05.2025.

                                  5. On the other hand, the learned counsel for the

                     informant has conceded that the petitioner and the informant

                     have solemnized their marriage and are living happy conjugal

                     life.

                                  6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release

                     the petitioner on bail on furnishing bail bonds of Rs.10,000/-

                     with two sureties of the like amount each to the satisfaction of

                     learned Special Judge (POCSO) Act, Darbhanga/Concerned

                     Court in connection with Sadar P.S. Case No. 52 of 2025,

                     subject to the following conditions that the petitioner shall

                     cooperate in the disposal of trial and make himself available

                     as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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