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Patna High Court

Dharmendra Paswan @ Suraj PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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