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Patna High Court

Ashish Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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