Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, there is doubt that the relationship was established by deceit, and therefore granted anticipatory bail.
Summary
Manish Kumar was arrested in connection with a case under Section 69 of the Bhartiya Nyay Sanhita, 2023, alleging that he had a physical relationship with a 22‑year‑old informant under a false pretext of marriage. The FIR, filed 26 days after the alleged last encounter, records that the petitioner had actually solemnised a marriage ceremony on 30‑08‑2025, raising a prima‑facie doubt that the relationship was established by deceit. The petitioner sought anticipatory bail, arguing clean antecedents and the delay in filing the FIR. The State opposed the bail. The court, noting the marriage claim and lack of clear deceit, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S.
- Whether the FIR establishes a deceitful relationship warranting denial of bail
- Whether the delay in lodging the FIR affects the grant of anticipatory bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 69
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 69 B.N.S.
- deceit
- marriage
- FIR delay
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19084 of 2026
Arising Out of PS. Case No.-433 Year-2025 Thana- RAJAON District- Banka
======================================================
Manish Kumar Son of Prabhakar Das Resident Of Village- Nima Ps- Bounsi
(panjwara), Dist- Banka
... ... Petitioner
Versus
1. The State of Bihar
2. Shobha Kumari Daughter of Bindeshwary Das Resident Of Village- Rajoun,
Ps- Rajoun, Dist- Banka
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Rajoun P.S. Case
No. 433 of 2025 (G.R. No. 4034/2025) registered for the
offences punishable under Sections 69 of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioner is to establish
physical relationship with the informant aged about 22 years,
on several occasions on the false pretext of marriage and as
per FIR, it was established on the last occasion i.e. on
01.11.2025.
Patna High Court CR. MISC. No.19084 of 2026(2) dt.31-03-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that FIR in issue was lodged with a
delay of 26 days as in terms of FIR, last physical relationship
was established on 01.11.2025. It is pointed out that on
facial perusal of FIR, it can be safely gathered that on
30.08.2025, in evening at about 7:00 P.M., the petitioner
solemnized marriage with the informant by putting vermilion
on her forehead. It is submitted that in view of same, it
cannot be said that petitioner, by deceitful means,
established physical relationship with the informant.
Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as FIR prima facie suggests that
petitioner solemnized marriage with the informant on
30.08.2025, raised prima-facie doubt that alleged
relationship was established by deceitful means, accordingly,
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to
Patna High Court CR. MISC. No.19084 of 2026(2) dt.31-03-2026
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be enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka/concerned court in connection with Rajoun P.S. Case
No. 433 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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