Patna High Court
Dharmendra Paswan @ Suraj PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail as the allegations point to a consensual adult relationship and not a cognizable offence.
Summary
The petitioner, Dharmendra Paswan, was arrested in connection with a Mahila Thana case alleging offences under Sections 376, 493, 420, 341 and 323 of the IPC, purportedly for establishing a physical relationship on a promise of marriage. The petitioner contended that the alleged act was a consensual relationship between adults and that he was falsely implicated. The court examined the FIR and noted that the facts suggested consensual sex, not a criminal offence. Relying on the Supreme Court’s decision in Amol Bhagwan Nehul v. State of Maharashtra (2025) SCC OnLine SC 1230, the bench allowed the bail application. Consequently, the petitioner was ordered to be released on bail of Rs.10,000 with two sureties, subject to conditions under Sections 482 and 438(2) of the CrPC.
Issues considered
- Whether the allegations of consensual adult sexual relationship constitute an offence under the IPC warranting denial of bail
- Whether the petitioner is entitled to bail under the provisions of the CrPC in view of the Supreme Court precedent
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 323, 341, 376, 420, 493
Subjects
- bail
- consensual sex
- rape
- Indian Penal Code
- Criminal Procedure Code
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88520 of 2025
Arising Out of PS. Case No.-32 Year-2024 Thana- MAHILA PS District- Gaya
======================================================
Dharmendra Paswan @ Suraj Paswan Son of Sudesh Paswan R/o Village -
Nawada, P.S.- Sherghati, District - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
Ms. Anjali Kumari, Advocate
For the State : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Mahila Thana P.S. Case No. 32 of 2024 instituted under
Sections 376, 493, 420, 341 and 323 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of establishing physical relationship with the
informant on the promise of marriage.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. From the reading of the FIR, it appears to be a
case of consensual sex between two consenting adults.
Patna High Court CR. MISC. No.88520 of 2025(3) dt.26-02-2026
2/2
6. Considering the aforesaid facts and in view of the
judgment of the Hon’ble Supreme Court in the case of Amol
Bhagwan Nehul Vs. State of Maharashtra and Anr. reported
in (2025) SCC OnLine SC 1230, this application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned S.D.J.M.,
Gaya/ concerned Court in connection with Mahila Thana P.S.
Case No. 32 of 2024, 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
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