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Patna High Court

Rupesh Paswan @ Rupesh Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Rupesh Paswan and his sister‑in‑law Ruby Devi, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita and the POCSO Act. The allegations centre on a third person, Vikash, who is accused of luring a 13‑year‑old girl, taking indecent photographs, blackmailing, sexual exploitation, causing pregnancy and an illegal abortion, and assaulting the informant’s family. The petitioners contend they have clean antecedents and were implicated only to pressure Vikash, asserting that the primary thrust of the case is against him. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail to the petitioners, subject to a bail bond of Rs 10,000 each with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case involving alleged offences under the BNSS and POCSO Act.
  • Whether the petitioners are likely to be implicated in the offences alleged against Vikash.
  • Whether the allegations primarily target Vikash, thereby justifying bail for the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • minor sexual exploitation
  • false promise of marriage
  • blackmail
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87821 of 2025
                        Arising Out of PS. Case No.-147 Year-2025 Thana- BIRPUR District- Supaul
                 ======================================================
           1.     Rupesh Paswan @ Rupesh Kumar Paswan S/O Jageshwar Paswan R/O Vill.-
                  Banelipatti Ward No.11, P.S- Birpur,Dist-Supaul
           2.    Ruby Devi @ Rubi Devi W/O Rupesh Paswan @ Rupesh Kumar Paswan
                 R/O Vill.- Banelipatti Ward No.11, P.S- Birpur,Dist-Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Manti Devi W/O Amol Paswan R/O Vill.- Banelipatti Ward No.06, P.S-
                 Birpur,Dist-Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjay Kumar Singh
                 For the Opposite Party/s :        Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115, 65(1), 89, 352, 351(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita and Section 4 and 6 of POCSO Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and petitioner no.

                   2 is a woman and the informant alleges that Vikash on false

                   promise of marriage enticed her minor daughter aged about 13

                   years and took her inappropriate photos and videos and started
Patna High Court CR. MISC. No.87821 of 2025(2) dt.22-01-2026
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          blackmailing and thereafter exploited her on several occasions.

          It is next alleged that on account of physical exploitation, she

          became pregnant, it is further alleged that Vikash subsequently

          agreed to marry her, but later gave pills and got the pregnancy

          aborted and her daughter narrowly escaped death, further the

          informant along with villagers and her daughter went to the

          house of Vikash when family members of Vikash assaulted and

          abused them.

                   4.     Learned counsel for the petitioners submits that

          petitioners being brother and sister-in-law (Bhabhi) of Vikash

          came to be implicated in the instant case. It is next submitted

          that no doubt victim is a minor aged about 13 years, but the

          thrust of the allegation is against Vikash. It is also submitted that

          petitioners came to be implicated only with a view to coerce

          Vikash into submission.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 10,000/-
              Patna High Court CR. MISC. No.87821 of 2025(2) dt.22-01-2026
                                                          3/3




                        (Rupees Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned trial court where

                        the case is pending/successor court in connection with Birpur

                        P.S. Case No. 147 of 2025, subject to the conditions as laid

                        down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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