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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

Anticipatory bail cannot be granted when only summons, not a warrant, have been issued after cognizance, and the application was dismissed as withdrawn.

Summary

The petitioner, Golu Kumar, filed an anticipatory bail application fearing arrest in a complaint case alleging offences under Sections 126(2), 318(4), 64 of the BNS Act and Sections 67, 67A of the IT Act. He claimed the allegations were false, that the relationship with the complainant was consensual, and that the complainant had a history of filing false cases. The State opposed the bail, arguing that the petitioner had committed rape by promising marriage and then taking non‑consensual photographs. The court examined the Supreme Court’s decision in SLA (Crl.) No.16221/2025, which clarified that after cognizance only summons, not a warrant, are issued in private complaint cases, and anticipatory bail is not maintainable at that stage. Relying on Section 87 of the CrPC and the Supreme Court precedent, the court allowed the petitioner’s request to withdraw the anticipatory bail application. Consequently, the anticipatory bail petition was dismissed as withdrawn, and the petitioner was directed to appear before the trial court upon receipt of summons, producing the Supreme Court order.

Issues considered

  • Whether anticipatory bail is maintainable when only summons have been issued after cognizance in a private complaint case.
  • Whether the Supreme Court’s interpretation of Section 87 CrPC precludes the grant of anticipatory bail at this stage.
  • Whether the petitioner’s apprehension of arrest justifies anticipatory bail despite the nature of the allegations.

Legislation cited

Subjects

  • anticipatory bail
  • private complaint
  • Section 87 CrPC
  • summons vs. warrant
  • IT Act offences
  • rape allegation
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17820 of 2026
                 Arising Out of PS. Case No.-9811 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Golu Kumar S/o- Sri Anil Singh Resident of Village- Tulsi Chak Masaurhi
                 PS- Maner, Dist- Patna

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Reshmi Kumari D/o- Sri Satyanand Singh R/v- Chhitrauli Po- Kamla
                 Gopalpur Ps- Maner Dist- Patna, P/A- Aman Kumar, Mushalehpur Hatt Ps-
                 Sultanganj Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Gauri Shankar Yadav
                 For the Opposite Party/s :     Mr. Chandra Bhushan Prasad, APP
                                                Mr. Satyendra Kumar Bhatnagar
                                                Mr. Vijay Kumar Sinha
                                                Mr. Kumar Shivam Sinha
                                                Mr. Raushan Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026               1.    Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the OP No. 2.

                             2.    The petitioner apprehends his arrest in connection

                   with Complaint Case No. 9811 of 2024 registered for the

                   offences punishable under Sections 126(2), 318(4) and 64 of the

                   BNS and Section 67 and 67(A) of the Information and

                   Technology Act 2000 and cognizance has been taken under

                   Section 69 and 351(2) of BNS.

                             3.    Learned counsel for the petitioner at the outset
Patna High Court CR. MISC. No.17820 of 2026(2) dt.13-05-2026
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          submits that the instant anticipatory bail application arises out of

          a complaint case. It is next submitted that petitioner is a person

          with clean antecedent and the complainant alleges that she came

          in contact with the petitioner through Instagram and were in

          relationship for the last one year, the petitioner on 6-4-2024

          called her to Hotel R-Glory on pretext of meeting his parents

          but she refused, thereafter on 26-4-2024 petitioner came to her

          home and asked her to accompany him to Marine Drive,

          accordingly she after seeking permission of his father

          accompanied him, further from Marine Drive he took her to a

          Hotel, where his family members were not present and

          petitioner put vermillion on her forehead and established

          physical relation and said that he will marry her, further

          petitioner even took her nude photographs and later resiled from

          marrying and threatened that he will make photo viral.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          complainant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          petitioner and the informant were in love. It is further submitted

          that relationship was purely consensual between two consenting

          adults with no promise of marriage. It is also submitted that
Patna High Court CR. MISC. No.17820 of 2026(2) dt.13-05-2026
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          though it is alleged that objectionable photograph of the

          complainant was taken but then the same is an exaggerated

          allegation as the photo has not been made viral on social media

          nor the petitioner is aware of any such photographs. It is next

          submitted that complainant alleges that on 26-4-2024, the

          petitioner took her to a hotel and established physcial relation

          after putting vermillion on her head, but then does not disclose

          the name of the Hotel where she was taken on 26-4-2024 in her

          solemn affirmation. It is further submitted that petitioner was

          completely unaware that the complainant is in habit of

          instituting false cases against innocent persons. It is also

          submitted that complainant earlier had instituted Complaint

          Case No. 8912C of 2023 in the court of learned Chief Judicial

          Magistrate, Patna against Ashu Aditya, as would manifest from

          Annexure-P/3 to the anticipatory bail application. It is next

          submitted that when petitioner came to know about the conduct

          of the complainant, he started maintaining the distance, when

          the instant false case came to be instituted.

                   5.     Learned counsel appearing on behalf of the

          complainant opposes the anticipatory bail application and

          submits that petitioner on false promise of marriage committed

          rape of the complainant.
Patna High Court CR. MISC. No.17820 of 2026(2) dt.13-05-2026
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                   6.     At this stage, the learned APP, Sri Chandra

          Bhushan Prasad, submits that from perusal of the pleadings

          made in the anticipatory bail application, it would manifest that

          cognizance in the case has been taken and hence the petitioner is

          apprehending arrest and thus has moved before this Court

          seeking anticipatory bail.              It is next submitted that after

          cognizance, summons are to be issued and if petitioner based on

          the summons appears before the learned trial court, he will not

          be arrested rather will join the proceedings before the learned

          trial court.

                   7.     Learned APP further                  submits   that   Hon’ble

          Jharkhand High Court in ABA No. 2319 of 2025 (Om Prakash

          Chhawnika @ Om Prakash Chabnika @ Om Prakash

          Chawnika vs. the State of Jharkhand) had rejected the the

          anticipatory bail of Om Prakash Chhawnika @ Om Prakash

          Chabnika @ Om Prakash Chawnika in connection with

          Complaint Case No. 6181 of 2021 whereby cognizance was

          taken under Sections 323, 420, 467, 468, 471, 120B and 34 of

          the IPC. It is next submitted that cognizance in Complaint Case

          No. 6181 of 2021 was taken under non-bailable sections as such

          Om Prakash Chhawnika fearing arrest moved the Hon’ble

          Jharkhand High Court, but then anticipatory bail came to be
Patna High Court CR. MISC. No.17820 of 2026(2) dt.13-05-2026
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          rejected, thereafter Om Prakash Chhawnika moved before the

          Hon’ble Supreme Court by filing SLA (Crl.) No.16221/2025

          assailing the order of the Hon’ble Jharkhand High Court dated

          4-7-2025 in ABA No. 2319 of 2025 arising out of Complaint

          Case No. 6181 of 2021. It is submitted that Hon’ble Supreme

          Court after discussing the case laws on the issue recorded at

          para-7     of    the    order     dated     23-4-2026   in   SLA (Crl.)

          No.16221/2025 recorded-

                   “ We have noticed that there is a serious problem in two

          States, viz. the State of Bihar and State of Jharkhand,

          respectively. We fail to understand that in a private complaint

          how does the Police involve itself or is concerned, in any

          manner. What was the basis for the accused to express

          apprehension that the police would arrest them.”,

                   thereafter at para-8, it is recorded --

                   “In a private complaint when cognizance is taken and

          process is issued all that the Court would do is to issue

          summons. We have explained many times in the past the purport

          of Section 87 of the Criminal Procedure Code, 1973 (for short,

          “the Cr.PC.”) The Section 87 of the Cr.PC. reads thus:-

                     “87. Issue of warrant in lieu of, or in addition to,
                     summons.—A Court may, in any case in which it is
                     empowered by this Code to issue a summons for the
                     appearance of any person, issue, after recording its
Patna High Court CR. MISC. No.17820 of 2026(2) dt.13-05-2026
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                     reasons in writing, a warrant for his arrest—

                     (a) if, either before the issue of such summons, or after
                     the issue of the same but before the time fixed for his
                     appearance, the Court sees reason to believe that he
                     has absconded or will not obey the summons; or

                     (b) if at such time he fails to appear and the summons
                     is proved to have been duly served in time to admit of
                     his appearing in accordance therewith and no
                     reasonable excuse is offered for such failure.”

                  At para-9, it is recorded --

                  “Section 87 empowers the Court to issue warrant in lieu

          of, or in addition to, summons. However, this power has to be

          exercised only in two contingencies as explained by

          the provision itself, i.e, (a) and (b) referred to above

          respectively.”

                  It is further submitted that at para-10 it is recorded--

                  “Once the Court takes cognizance and issues summons,

          all that the accused has to do is to appear before that Court and

          join the proceedings. Why should the accused go before the

          Sessions Court or the High Court, as the case may be, and pray

          for anticipatory bail? Police has no power to arrest the accused

          in a complaint case unless there is a non bailable warrant

          issued by that Court along with the summons.”

                   8.     At this stage, the learned counsel appearing on

          behalf of the petitioner submits that only summons have been

          issued as such in view of the order of the Hon’ble Supreme
              Patna High Court CR. MISC. No.17820 of 2026(2) dt.13-05-2026
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                        Court dated 23-4-2026 in SLA (Crl.) No.16221/2025, the instant

                        anticipatory bail application is not maintainable at this stage,

                        hence seeks permission to withdraw the anticipatory bail

                        application and submits that after receiving summons the

                        petitioner will join the proceedings before the learned trial court.

                        It is also submitted that even the learned Magistrate has to take

                        note of the order of the Hon’ble Supreme Court, on which the

                        learned APP submits that it is the duty of the petitioner to ensure

                        that the order of the Hon’ble Supreme Court is also produced at

                        the time when the petitioner appears before the learned Trial

                        Court after receiving summons.

                                 9.     Since the petitioner has prayed for withdrawing the

                        anticipatory bail application at this stage, as such the permission

                        is accorded and the anticipatory bail application is dismissed as

                        withdrawn with the liberty to the petitioner to appear before the

                        learned trial court after receiving summons along with the order

                        dated 23-4-2026 in Special Leave to Appeal (Crl) No. 16221 of

                        2025 passed by the Hon’ble Supreme Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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