Patna High Court
Ramesh PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the petitioners, subject to the conditions prescribed under Section 482 of the Bharatiya Nyaya Sanhita and Section 438(2) of the Code of Criminal Procedure, 1973.
Summary
The petitioners, Ramesh Paswan and Upendra Paswan, filed a bail application fearing arrest in connection with PS Nokha Case No.219 of 2025, which was instituted under Sections 126(2), 115(2), 74, 351(2), 352(3) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners had outraged the modesty of a minor girl, Soni Kumari, and produced an injury report showing a single bruise. The court observed that the allegation of outraging modesty appeared to be added merely to make the case more serious and was not substantiated by the medical evidence. Considering the lack of solid proof and the petitioners’ apprehension of arrest, the High Court allowed the bail application. The court ordered that the petitioners be released on bail upon furnishing bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the allegations under the Bharatiya Nyaya Sanhita justify denial of bail to the petitioners.
- Whether the evidence of a single bruise is sufficient to sustain the charge of outraging modesty.
- Whether the petitioners are entitled to bail under Section 438(2) of the CrPC and Section 482 of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352(3), 482, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- outraging modesty
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNSS
- injury report
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87998 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- NOKHA District- Rohtas
======================================================
1. Ramesh Paswan S/O Brijnandan Paswan @ Vrijanand Paswan @ Vrija Nand
Ram @ Virja Nand Paswan @ Brija Nand Paswan R/O Village- Chhatouna,
P.S- Nokha, Distt.- Rohtas at Sasaram.
2. Upendra Paswan @ Upendra Ram S/O Hari Paswan R/O Village-
Chhatouna, P.S- Nokha, Distt.- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the State : Mr.Anand Kishore Choudhary, APP
For the Informant : Mr. Rajanikant Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend arrest in connection
with Nokha P.S. Case No. 219 of 2025 instituted under
Sections 126(2), 115(2), 74, 351(2), 352(3) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioners are
said to have outraged the modesty of the victim girl.
4. From the injury report produced by the informant,
it appears that the injured has suffered one bruise.
5. The allegation of outraging the modesty of Soni
Kumari appears to be addition just to make the case serious.
Patna High Court CR. MISC. No.87998 of 2025(2) dt.15-01-2026
2/2
6. Considering the aforesaid facts, this application is
allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate,1st Rohtas at Sasaram/ concerned Court in
connection with Nokha P.S. Case No. 219 of 2025, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…