Patna High Court
Ashish Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to the conditions imposed.
Summary
Ashish Kumar Paswan sought anticipatory bail after being implicated in a case (PS Mansahi No.124 of 2025) for offences under Sections 126(2), 115(2), 69, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, alleging that he promised marriage to a widow, took Rs.5 lakh, and later avoided her. The petitioner contended that the allegations were false, the relationship was consensual, and he had a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The High Court, after considering the submissions, granted anticipatory bail subject to stringent conditions, invoking Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged marriage fraud and sexual offences under the Bharatiya Nyaya Sanhita
- Whether the allegations constitute a prima facie case justifying denial of bail
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 351(2), 351(3), 482(2), 69
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- marriage fraud
- sexual offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82181 of 2025
Arising Out of PS. Case No.-124 Year-2025 Thana- MANSAHI District- Katihar
======================================================
Ashish Kumar Paswan Son of Binod Paswan Resident of Village- Santola
Fulhara (Fulbara) PS- Mansahi, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Mansahi P.S. Case No. 124 of 2025 registered for the offences
under Sections 126(2), 115(2), 69, 351(2), 351(3) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the informant, she is a widow and she came
in contact with the petitioner, who used to frequently visit her
house and on the promise of marriage, he even established
physical relationship with her. It is further alleged that the
petitioner had also taken Rs.5,00,000/- from her on the
assurance that he would solemnize marriage, however, he
started avoiding her and when she came to the house of the
petitioner, his parents abused her and ousted her from there.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.82181 of 2025(2) dt.15-01-2026
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petitioner has falsely been implicated only to pressurize him for
solemnizing marriage with her. It has next been submitted that
the informant happens to be a married widow and has two
children and only to coerce the petitioner to marry, this false and
concocted case has been registered. It has also been submitted
that the use of the words in the FIR would go on to show that
the relationship between the petitioner and the informant was
consensual. It has lastly been submitted that the petitioner has
clean antecedent.
5. Learned APP for the State has vehemetnly opposed
the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Mansahi P.S. Case No. 124 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.82181 of 2025(2) dt.15-01-2026
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as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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