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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to strict conditions.

Summary

Manish Kumar sought anticipatory bail after an FIR (Case No. 130 of 2025) alleged that he had forced a sexual relationship with Ganga Kumari, who was married to his brother Subodh Singh. The prosecution alleged offences under sections 74, 65(1) and 3(5) of the BNS. The petitioner argued that the alleged incident was a family misunderstanding and that he and the informant later married and are living together peacefully, with no prior criminal record. The informant’s counsel, while supporting the prosecution narrative, accepted that the parties are now married. Considering the marriage and the petitioner’s clean record, the court, while acknowledging the seriousness of the allegations, granted anticipatory bail with stringent conditions, including a bond, sureties, regular court appearances, cooperation with police, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged sexual assault under sections 74, 65(1) and 3(5) of the BNS.
  • Whether the subsequent marriage between the petitioner and the informant affects the grant of bail.
  • What conditions, if any, should be imposed on the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • marriage
  • FIR
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11171 of 2026
                     Arising Out of PS. Case No.-130 Year-2025 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Manish Kumar S/o Raju Singh R/o Village and P.O - Baghoi, P.S - Haspura,
                 District - Aurangabad, Pin - 824120

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Purushotam Sharma, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   17-06-2026                  Heard Mr. Sheo Kumar Prasad, learned counsel for

                   the petitioner and Mr. Ravi Prakash for the informant beside the

                   State.

                                2. The petitioner is apprehending his arrest in

                   connection with Haspura P.S. Case No. 130 of 2025 for the

                   offence under sections 74, 65(1) and 3(5) of the BNS lodged on

                   09.052025 by the informant, Ganga Kumari.

                                3. As per the prosecution story, the informant had

                   solemnized marriage with Subodh Singh on 21.04.2025 but the

                   contention is that the husband could not fulfill the marital

                   obligation. When she disclosed this to her in-laws, the allegation

                   is that the present petitioner who is younger brother of Subodh

                   Singh, forcefully made physical relationship. Though her in-

                   laws wanted her to marry this petitioner, she was not agreeable
Patna High Court CR. MISC. No.11171 of 2026(5) dt.17-06-2026
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          to the proposal which followed the FIR.

                       4. Learned counsel for the petitioner submits that

          some confusion took place between the family but the fact

          remains that subsequently, the informant and the petitioner

          entered into marital obligation, and presently, continuing their

          life happily as a couple, he is ready to face the consequences as

          the FIR has been lodged, has no criminal antecedent, is a young

          person and as such, relief be extended to him.

                       5. Learned counsel representing the informant though

          supports the prosecution story, acknowledges the submission put

          forward by the learned counsel for the petitioner that

          subsequently, they have entered into a wedlock and the

          petitioner and the lady are living their life together.

                       6. Having heard the parties, though there is serious

          allegation against the petitioner, considering the development

          that has taken place, inasmuch as, the lady has entered into

          wedlock with this petitioner and they are living together as has

          been submitted by the learned counsel for the informant, FIR is

          there, the petitioner shall be facing the music, he has no criminal

          antecedent, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail with conditions.

                       7. Let the petitioner be released on bail in the event of
Patna High Court CR. MISC. No.11171 of 2026(5) dt.17-06-2026
                                            3/4




          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned CJM, Aurangabad in connection with

          Haspura P.S. Case No. 130 of 2025 subject to the following

          conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhaar Card/Voter ID Card/Pan Card/Driving

          License) to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (v) the petitioner shall desist from committing any
          Patna High Court CR. MISC. No.11171 of 2026(5) dt.17-06-2026
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                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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