Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Aman Kumar was arrested in connection with a case registered under Sections 64(2) and 351(2) of the B.N.S., alleging that he had established a physical relationship with a woman on a false promise of marriage, created an objectionable video of her and threatened to ruin her. The petitioner contended that the relationship was consensual, that the allegations were false, and that he had no prior criminal record, having been in judicial custody since September 2025. The State opposed bail, arguing the seriousness of the alleged offences. After hearing both sides, the Court found that the allegations did not establish a clear risk of flight or tampering with evidence sufficient to deny bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 64(2) and 351(2) of the B.N.S.
- Whether the alleged consensual relationship and alleged threat constitute a prima facie case justifying denial of bail
Legislation cited
- B.N.S. — s. 351(2), 64(2)
Subjects
- bail
- criminal procedure
- Section 64(2)
- Section 351(2)
- obscene video
- false promise of marriage
- consensual relationship
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10706 of 2026
Arising Out of PS. Case No.-1161 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Aman Kumar, S/O Ranjan Kumar, R/O Vill.- Simli Chhoti Mandir,
Malsalami, Patna, P.S.- Malsalami, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kahkashan Alam, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Hajipur Town P.S. Case No. 1161 of 2025 registered for
the offence punishable under Sections 64(2) and 351(2) of
B.N.S.
3. The case of the prosecution, in short, is that the
petitioner has come to the house of the informant for giving her
his sister’s wedding card. At that time, he took her mobile
number and whatsapp number and started talking and chatting
with her and in the month of September 2023, he managed her
interview in a company for job. In October 2023, the informant
got the job at Samastipur. In meanwhile, the informant
established close relationship with him and also started trusting
Patna High Court CR. MISC. No.10706 of 2026(2) dt.24-02-2026
2/3
him. When she started working at Samastipur, due to the
relationship they liking each other. It is further alleged that the
petitioner has established physical relationship with her on the
false promise of marriage and that he has made her
objectionable video and has threatened her that he will ruin her.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From the F.I.R. itself it is clear that the relationship was
consensual one as according to the F.I.R., the relationship has
started in year 2023 and they had physical relationship many
time. The last physical relationship as reported by the informant
in 29th August 2025. On 07.09.2025, it is alleged that petitioner
has sent her video on her mobile and has threatened her. It has
further been submitted that all these go to show that there was
no objection on the part of the informant from the relationship
and intercourse thereafter but only allegation is that the obscene
video was sent on her mobile and was being threatened that the
petitioner will not marry her. It has also been submitted that this
is a case wherein two adults came into relationship and breakup
thereafter. It has further been submitted that this case has been
filed only with a view to pressurize the petitioner to solemnize
Patna High Court CR. MISC. No.10706 of 2026(2) dt.24-02-2026
3/3
marriage with the informant. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
24.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Vaishali at Hajpur in connection with
Hajipur Town P.S. Case No.1161 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…