Patna High Court
Munna Pandey @ Praduman PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the circumstances do not warrant continued detention.
Summary
Munna Pandey was arrested in connection with a case registered under sections 126(2), 115(2), 109(1), 69, 85, 351(2) and 352 of the Bihar Penal Code, alleging that he lured a woman to Rishikesh on a false promise of marriage, had a physical relationship resulting in a child, took obscene photographs, and assaulted the woman and her baby. The petitioner contended that he is innocent, pointing to a later FIR in which the informant claimed to be married to another person and that the present case stemmed from a land dispute, and asserted that the parties had reached a compromise. The State opposed the bail application, emphasizing the seriousness of the alleged offences. After hearing both sides, the court considered the lack of prior criminal record, the claim of compromise, and the petitioner’s prolonged pre‑trial detention. The court concluded that the circumstances did not justify continued custody and ordered the petitioner’s release on regular bail. A bail bond of Rs 10,000 with two sureties was directed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bihar Penal Code.
- Whether the alleged compromise and the claim of a land‑dispute motive affect the grant of bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 126(2), 351(2), 352, 69, 85
Subjects
- bail
- criminal procedure
- false promise of marriage
- assault
- obscene material
- land dispute
- compromise
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10442 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- KANGLI District- West Champaran
======================================================
Munna Pandey @ Praduman Pandey S/o Lalan Pandey R/o Vill- Bahuarwa,
P.S.- Kangali, Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 109(1), 69, 85, 351(2) and 352 of BNS.
3. The case of the prosecution is that the petitioner
took the informant to Rishikesh in the year 2020 on the false
promise of marriage and started establishing physical
relationship with her and out of that relationship, a boy has
born. It is further alleged that the petitioner has clicked her
obscene photos. It is also alleged that he assaulted the
informant and her baby.
Patna High Court CR. MISC. No.10442 of 2026(2) dt.23-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of
the page-20 which is another FIR filed by the same informant
dated 02.09.2025 where she has disclosed that she is married
to one Deepu Mishra. It has further been submitted that Milki
Devi and Milki Mishra both are same person. It has also been
submitted that there was some land dispute due to which, this
case has been filed. He has further submitted that Annexure-
P/3 which goes to show that the parties have compromised this
case. A statement has been made in para-3 of this petition that
the petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 02.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kangali P.S. Case No. 110 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate- 1 st
Patna High Court CR. MISC. No.10442 of 2026(2) dt.23-02-2026
3/3
Class, Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
shubham/-
U T
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