Patna High Court
Ajit Kumar @ Amarjit Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Ajit Kumar (also known as Amarjit Kumar Mandal), was charged in Bakharpur Police Station Case No.24 of 2025 under Sections 64 and 69 of the B.N.S. The allegation stemmed from an incident where the victim, a 19‑year‑old woman, was said to have been enticed by the petitioner for marriage, but the petitioner claimed the relationship was consensual and that he was falsely implicated due to village politics. The victim’s statement recorded under Section 183 of the BNSS indicated a consensual physical relationship and that she had traveled to Delhi before being sent back home after a call from the petitioner’s parents. The State opposed the bail application, arguing the seriousness of the offences. The Court, noting the consensual nature of the relationship and lack of coercion, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The order was directed to be implemented by the concerned court in Bhagalpur.
Issues considered
- Whether bail should be granted to the accused under Sections 64 and 69 of the B.N.S. given the alleged consensual relationship
- Whether the allegations constitute a false implication arising from village politics
Legislation cited
- B.N.S. — s. 64, 69
Subjects
- bail
- criminal procedure
- Section 64
- Section 69
- consensual relationship
- false implication
- village politics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13321 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- BAKHARPUR District- Bhagalpur
======================================================
Ajit Kumar @ Amarjit Kumar Mandal S/o- Subodh Kumar Mandal @
Subodh Mandal Village- Bhudani Tola Bakharapur, Ps- Bakharapur, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a Bakharpur P.S. Case
No. 24 of 2025 registered for the offence punishable under
Sections-64 & 69 of the B.N.S.
3. As per the informant, her daughter aged about 19
years who was enticed away by Ajit Kumar, aged about 24 years
for the purpose of marriage.
4. It has been submitted on behalf of the petitioner
that petitioner is innocent and he has falsely been implicated in
the present case due to dirty village politics. As a matter of fact,
there was love and affection of the victim with the petitioner.
Perusal of the statement of the victim recorded under Section-
Patna High Court CR. MISC. No.13321 of 2026(3) dt.01-04-2026
2/2
183 of the BNSS shows that they has established physical
relationship on the assurance of marriage and she had travelled
to Delhi also and after receipt of a telephone call by parents of
the petitioner, the victim was sent back to her home.
5. Learned APP has opposed the prayer for bail.
6. Considering the fact that the relationship,
established by the petitioner with the victim, was a consensual
one, let the petitioner named above, be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court, Bhagalpur in connection with
Bakharpur P.S. Case No. 24 of 2025 corresponding to Sessions
Trial No. 830 of 2025.
(Ansul, J)
A.K.V.//-
U T
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