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Patna High Court

Rahul Kumar @ Rahul Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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