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Patna High Court

Praveen KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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