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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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