Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Suman Kumar, was arrested on 7 September 2025 in connection with FIR No. 138 of 2025 alleging that he had a physical relationship with the informant under a false pretext of marriage. The FIR was registered under Section 69 of the Bharatiya Nyay Sanhita, 2023. The petitioner sought bail, claiming a clean antecedent and that the allegations were fabricated. The State and the informant opposed bail, citing the victim’s recorded statement under Section 183 BNSS and a medical report indicating pregnancy. The court, after considering the seriousness of the allegation and the supporting evidence, refused the bail petition and directed the trial court to expedite the trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 69 of the Bharatiya Nyay Sanhita, 2023 given the nature of the allegations and supporting evidence?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 69
Subjects
- bail
- sexual assault
- false pretext of marriage
- pregnancy
- Bharatiya Nyay Sanhita
- Section 69
- Section 183
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85703 of 2025
Arising Out of PS. Case No.-138 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Suman Kumar S/O Binay Mandal @ Vinay Kumar Mandal R/O Village -
Mejhandi , P.S- Tikapatti , Dist.- Purnia ... ... Petitioner/s
Versus
1. The State of Bihar
2. Nilam Kumari D/O Papu Mandal R/O Village - Mejhandi , P.S- Tikapatti ,
Dist.- Purnia
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Nath Pandey, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
For the Informant : Mr. Sumit Kumar Bhagat, Advocate
: Ms. Suman Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Aditya Nath Pandey, learned counsel for the
petitioner, Mr. Pramod Kumar Pandey, learned A.P.P. for the State
and Mr. Sumit Kumar Bhagat, learned counsel for the Informant.
2. The petitioner seeks bail, who is in custody since
07.09.2025 in connection with Tikapatti P.S. Case No. 138 of 2025,
FIR dated 27.08.2025 registered for the offence under Section 69 of
the Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that on
26.08.2025 at about 12.30 A.M, he made physical relationship with
the informant on false pretext of marriage.
4. Learned counsel appearing for the petitioner submits
that the petitioner has clean antecedent and he has falsely been
implicated in this case. He further submits that the allegation as
Patna High Court CR. MISC. No.85703 of 2025(3) dt.25-03-2026
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alleged in the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R and the petitioner is
rotting in judicial custody since 07.09.2025.
5. Learned counsel for the Informant as well as learned
A.P.P. for the State, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submits that it appears from the
FIR that there is direct and specific allegation against the petitioner
and statement of the victim was recorded under Section 183 BNSS
in which she has fully supported the case of the prosecution and
apart from that medical report of the victim suggest that on the date
of medical examination she was pregnant.
6. Considering the aforesaid facts, nature of allegation
supported by statement of the victim and medical report, I am not
inclined to enlarge the petitioner on bail in connection with District
& Additional Session Judge-1st Purnea pending in the Court of
Tikapatti P.S. Case No. 138 of 2025.
7. Prayer is refused.
8. However the learned Trial Court is directed to expedite
the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Patna High Court CR. MISC. No.85703 of 2025(3) dt.25-03-2026
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