Patna High Court

Amit KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Amit Kumar, was arrested in connection with a case registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023, alleging that he had a physical relationship with a woman under the pretext of marriage. The petitioner contended that he was falsely implicated, noting that the alleged victim was already married and had been living with the petitioner since 2022, and that he had no prior criminal record. The State opposed bail, but the court considered the petitioner’s young age, lack of antecedents, and the circumstances of the victim’s statement recorded under Section 183 of the B.N.S.S. The court found no compelling reason to keep the petitioner in custody and ordered his release on bail. Bail was granted upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

Issues considered

Whether bail should be granted to the petitioner under Section 69 of the Bharatiya Nyaya Sanhita, 2023 considering the facts and circumstances of the case.
Whether the petitioner’s age, lack of criminal antecedent, and the victim’s statement under Section 183 warrant bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 183, 69

Subjects

bail
Section 69
Bharatiya Nyaya Sanhita
false implication
criminal procedure
age of accused
no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2154 of 2026
                       Arising Out of PS. Case No.-108 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Amit Kumar, S/O Dilip Paswan, R/o vill - Faridapur, P.S.- Jamalpur, Distt.-
                 Munger
                                                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Adv.
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Ballia

                   P.S. Case No. 108 of 2025 dated 04.04.2025 registered for the

                   offence punishable under Section 69 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The allegation against the petitioner is that he made

                   physical relation with the informant on the pretext of marriage.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.

                   It is submitted that on bare perusal of the statement of the victim

                   recorded under Section 183 of the B.N.S.S., which reveals that the

                   informant was married to one Sajid in the month of December,

                   2009. The husband of the informant left the house leaving two

                   minor children and the informant. During the said period, the

                   informant and the petitioner lived in relationship with each other
            Patna High Court CR. MISC. No.2154 of 2026(3) dt.19-03-2026
                                                        2/2




                      from 2022 till filing of the F.I.R. on 08.12.2024. Further, it is

                      submitted that the petitioner is aged about 25 years and the so

                      called victim is aged about 35 years. The age of the victim has

                      been ascertained by the Court on 13.05.2025 of about 34 years.

                      The petitioner is unmarried person. The petitioner is in custody

                      since 23.08.2025, having no criminal antecedent and charge-sheet

                      has been submitted in the case.

                                   5. Learned A.P.P for the State opposes the prayer for

                      bail of the petitioner.

                                   6. Having considered the facts and circumstances of the

                      case and submissions of learned counsel for the parties including

                      age of the petitioner, let the petitioner be released on bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      C.J.M., Begusarai in connection with Ballia P.S. Case No. 108 of

                      2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T

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