Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Negotiable Substances Act — s. 3(5), 65(1), 74
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
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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
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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
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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/-
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