Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to monetary sureties and compliance with conditions, with the possibility of cancellation for non‑cooperation.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail after being implicated in a FIR alleging offences under several sections of the Bihar Negotiable Substances Act, including alleged inappropriate conduct with a woman. He argued that he has a clean record and that the informant, who had previously expressed a desire to marry him, filed the FIR to coerce him into marriage after he refused. The State opposed the bail, but could not refute the claim that the informant’s statement under Section 183 indicated a matrimonial motive. The Court noted the petitioner’s willingness to cooperate with the investigation and the lack of prior FIRs, and therefore granted anticipatory bail subject to monetary sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., with a provision for cancellation if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences.
- Whether the informant’s alleged motive to force marriage vitiates the credibility of the FIR.
- Whether the petitioner’s clean antecedent and willingness to cooperate justify bail under Sections 438 and 482 of the Cr.P.C. and B.N.S.S.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- false complaint
- marriage pressure
- sexual assault allegation
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13937 of 2026
Arising Out of PS. Case No.-21 Year-2025 Thana- BAKHARPUR District- Bhagalpur
======================================================
Sonu Kumar S/o Sanjay Mandal @ Sanjay Kumar R/o Village - Madhuban
Tola, P.S. - Bakharpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 115(2), 75,
126(2), 303(2), 329(4), 352 and 351(2) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner had committed wrong earlier and, on
29.03.2025, in absence of her parents acted inappropriately with
her.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that no doubt, the informant in
the FIR alleges that petitioner earlier had committed wrong but
Patna High Court CR. MISC. No.13937 of 2026(2) dt.31-03-2026
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then no FIR came to be instituted. It is next submitted that the
instant FIR has been instituted with an allegation that in absence
of her parents, the petitioner came and acted inappropriately. It
is also submitted that petitioner and the informant are known to
each other and the informant wanted to marry the petitioner. It is
further submitted that from perusal of the order impugned, it
would manifest that informant in her statement recorded under
Section 183 BNSS has stated that she was to marry the
petitioner but then petitioner was not ready to marry her. It is,
thus, submitted that the instant FIR has been instituted only with
a view to presurrize the petitioner to marry the informant. It is
next submitted that if the privilege of anticipatory bail is granted
to the petitioner, the petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
5. Learned Additional Public Prosecutor for the State
and learned counsel appearing on behalf of the informant
opposed the prayer for anticipatory bail of the petitioner but
then are not in a position to rebut the submissions of the learned
counsel appearing on behalf of the petitioner that petitioner and
the informant were known to each other and in her statement
recorded under Section 183 BNSS the informant has stated that
petitioner resiled from the marriage.
Patna High Court CR. MISC. No.13937 of 2026(2) dt.31-03-2026
3/3
6. After hearing the learned counsel for the parties, let
the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Bakharpur P.S.
Case No. 21 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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