Patna High Court
Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Praveen Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 64, 115(2), 351(3), 352 and 3(5) of the B.N.S. The prosecution alleges that he deceived the complainant with a false promise of marriage, had sexual intercourse with her and later refused to marry. The petitioner pleaded innocence, claiming he has a clean record and was falsely implicated. The State opposed the bail, highlighting the specific accusations and the victim’s recorded statements under Sections 180 and 183 of the B.N.S.S. The Court examined the seriousness of the allegations, the direct nature of the accusation and the victim’s testimony, and consequently rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 64, 115(2), 351(3), 352 and 3(5) of the B.N.S.
Legislation cited
Subjects
- anticipatory bail
- false promise of marriage
- sexual assault
- B.N.S. sections 64,115(2),351(3),352,3(5)
- victim statement
- Criminal Procedure Code
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12238 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- BATHNAHA District- Sitamarhi
======================================================
Praveen Kumar Son of Bhola Mahto Resident of village- Chakva, P.S.-
Bathnaha, District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Daughter of Akalu Thakur Resident of village- Chakva, P.S.-
Bathnaha, District- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar Mishra, Advocate
For the State : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 64, 115(2),
351(3), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on the
false promise of marriage, this petitioner established physical
relations with the informant and later on, refused to solemnize
marriage.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.12238 of 2026(2) dt.24-02-2026
2/2
committed no offence. Petitioner has falsely been implicated in
this case with ulterior motive. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that on the false pretext of
marriage, this petitioner established physical relations with the
informant and later on, refused to solemnize marriage. The
victim in her statement recorded under Sections 180 and 183 of
the B.N.S.S. has supported the prosecution case.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and statement of the victim recorded under Sections 180 and
183 of the B.N.S.S., the prayer for grant of anticipatory bail to
the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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