Patna High Court
Sonu Paswan @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sonu Paswan, was arrested in connection with a case alleging that he had a consensual physical relationship with a married woman and that a video of her was allegedly made viral, invoking offences under several sections of the BNS and Section 67(a) of the IT Act. The prosecution’s case relied on the informant’s allegations and a statement by a third‑party, Madan Paswan, that the video was circulating on Instagram, though no formal statement was recorded. The petitioner’s counsel argued that there was no medical evidence of recent sexual assault, the alleged relationship was consensual, the informant’s claim of a promise of marriage was untenable, and the petitioner had no prior criminal record. The State opposed bail, citing the seriousness of the charges. After considering the lack of substantive evidence and the petitioner’s custody since 28‑07‑2025, the court granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 126(2), 115(20), 352, 351(2), 64, 3(5) of the BNS and 67(a) of the IT Act.
- Whether the evidence on record, including the unrecorded statement of Madan Paswan and the medical report, is sufficient to justify continued detention.
Legislation cited
Subjects
- regular bail
- sexual assault
- video privacy
- Information Technology Act
- Bihar Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79921 of 2025
Arising Out of PS. Case No.-503 Year-2025 Thana- AMARPUR District- Banka
======================================================
Sonu Paswan @ Sonu Kumar S/o Kailash Paswan R/o Village- Oray Jankipur,
Police Station- Amarpur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(20, 352, 351(2), 64 and 3(5) of BNS and Section 67(a) of
the I.T. Act.
3. The case of the prosecution is that the informant
who is a married lady has alleged that the petitioner who is
cousin brother-in-law has established physical relationship for
one year on the promise of marriage and also clicked video of
the informant and the video was made viral. It is further alleged
that due to some family dispute between the informant’s
husband and petitioner along with his family, they threatened
that they will viral the video of the informant. It is further
Patna High Court CR. MISC. No.79921 of 2025(3) dt.19-02-2026
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alleged that on 04.07.2025, one Madan Paswan told that the
video of the informant is viral on instagram.
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 from perusal of the
FIR itself, it is clear that the physical relationship between the
petitioner and the informant was from one year and on
04.07.2025 she has come to know that the video was made viral
despite that, the case was filed on 24.07.2025. It is also
described in the FIR that a panchayati was held in the village on
22.07.2025. Learned counsel has further submitted that from
perusal of the medical report of the informant, the doctor has not
found any remarkable things and has opined that final opinion
regarding recent sexual assault cannot be given conclusively
based on available clinical findings alone and has also found no
sign of recent or remote injury over labia majora, labia mimora
or cervical or any part of the body. Learned counsel has also
submitted that from perusal of the FIR, Madan Paswan has
disclosed the informant that he has seen the viral video but
during entire investigation, the statement of the Madan Paswan
was not recorded by the I.O. and there is no material to show
that the video was made viral. Admittedly, the informant is a
Patna High Court CR. MISC. No.79921 of 2025(3) dt.19-02-2026
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married lady, so, there can’t be physical relationship on the
promise of marriage. He has further submitted that relationship
between them, if any, was consensual. 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 28.07.2025.
5. Learned APP appearing for the State has
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
Amarpur P.S. Case No. 503 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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