Patna High Court
Sandeep Kumar @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, prima facie, no deceitful false promise of marriage was established, and therefore bail was granted to the petitioner.
Summary
The petitioner, Sandeep Kumar, was named in an FIR for alleged offences under Sections 316(2), 318(4) and 69 of the BNS and Section ¾ of the Dowry Prohibition Act, arising from a marriage arrangement in which the informant's father paid substantial sums to the petitioner's family. The petitioner's counsel argued that the marriage was arranged between families, with no false promise of marriage or deceitful conduct, and that the petitioner had a clean antecedent. The informant's counsel opposed bail, asserting that the allegations specifically implicated the petitioner. The court examined the prima facie facts and concluded that there was no evidence of a deceitful false promise of marriage, rendering the charge under Section 69 inapplicable at this stage. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be granted bail in view of the allegations under Sections 316(2), 318(4) and 69 of the BNS and Section ¾ of the Dowry Prohibition Act.
- Whether the facts constitute a false promise of marriage attracting offence under Section 69 of the BNS.
Legislation cited
- BNS — s. 316(2), 318(4), 69
- BNSS — s. 482(2)
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- false promise of marriage
- arranged marriage
- Section 316
- Section 318
- Section 69
- Dowry Prohibition Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19147 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- SIKRAUL District- Buxar
======================================================
Sandeep Kumar @ Rahul Kumar Son of Dilip Paswan R/o Village -
Nawanagar, P.S. - Nawanagar, Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kr. Singh, Adv.
Mr. Ambrish Kumar, Adv.
Mr. Ashish Kumar, Adv.
For the Informant : Mr. Amit Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sikrauli P.S. Case
No. 132 of 2025 registered for the offences punishable
under Sections 316(2), 318(4) and 69 of BNS and Section
¾ of DP Act.
3. As per FIR the marriage of informant was
finalized by her parent with petitioner after due discussion
with his family. It is alleged that ring ceremony was
organized, where Rs. 5 lakh was paid by the father of the
informant to the family of the petitioner and also
subsequently Rs. 80,000/- was paid for different household
items. Thereafter Rs. 4 lakh was also paid as financial help
Patna High Court CR. MISC. No.19147 of 2026(2) dt.31-03-2026
2/3
for construction of house. FIR also suggest that after ring
ceremony informant who is 23 years old was talking
regularly with petitioner and also entered into physical
relationship.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the factual aspect of this case
nowhere suggest that on the false promise of marriage
physical relationship was established. It is submitted that
marriage was fixed between two families and therefore the
consent was not obtained with any deceitful means as to
attract offence punishable under Section 69 of BNS. It is
submitted that as certain money was paid by father of the
informant to father of the petitioner, which was not returned
to him, petitioner was implicated falsely with present case
who is otherwise man of clean antecedent.
5. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail submitted
that allegation is specifically available against petitioner.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie marriage was negotiated
Patna High Court CR. MISC. No.19147 of 2026(2) dt.31-03-2026
3/3
between the family members of informant and petitioner,
where prima-facie it nowhere appears that sexual
relationship established by deceitful means like false promise
of marriage by petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District and Addl.
Session Judge I cum Spl. Judge SC/ST Act, Buxar
/concerned Court, where the case is pending in connection
with Sikrauli P.S. Case No. 132 of 2025, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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