Patna High Court
Rahul Kumar @ Rahul Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for anticipatory bail, granting it subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
Petitioner Rahul Kumar Yadav sought anticipatory bail fearing arrest in a case registered under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging a physical relationship with a married woman who claimed he pretended to marry her. The State opposed the bail, arguing the allegations constitute offences. The court examined the records and observed that the matter involved a consensual relationship between adults that later soured, leading to the FIR. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions. The petitioner was ordered to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita for alleged offences under Sections 87 and 3(5).
- Whether the alleged conduct between the petitioner and the married woman amounts to a cognizable offence under the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 482(2), 87
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 87
- Section 3(5)
- Section 482(2)
- consensual relationship
- marital status
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14049 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- KUMAR KHAND District- Madhepura
======================================================
Rahul Kumar @ Rahul Kumar Yadav S/o Prithwi Yadav @ Prithvi Chandra
Yadav R/o Village - Karubaili Bazar, Ward no. 12, P.S - Kumarkhand, District
- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kumarkhand P.S. Case No. 161 of 2025 registered for offences
under Sections 87 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the victim is a married
lady. She has alleged that the petitioner had established physical
relationship with her on the pretext of marriage and thereafter
the petitioner is not ready to marry her.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that a married lady cannot claim that she
Patna High Court CR. MISC. No.14049 of 2026(2) dt.25-02-2026
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wanted to get married again with the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the records , it
appears to be a relationship between two consenting adults, and
when the relationship turned sour, the present FIR was filed.
7. In view of the above, the application is allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, 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 learned Court below
where the case is pending/successor Court in connection with
Kumarkhand P.S. Case No. 161 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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