Patna High Court
Rupesh Paswan @ Rupesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 115, 126(2), 3(5), 351(2), 352, 482(2), 65(1), 89
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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
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(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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