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Patna High Court

Munna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Munna Kumar, was arrested in connection with a case registered under Sections 69, 352 and 351(3) of the Bharatiya Nyaya Sanhita, alleging a sexual relationship with the informant under the pretext of marriage. The FIR indicated that both parties were adults who had been in a consensual relationship for over five years, which later soured. The petitioner had been in custody since 21 January 2026 and claimed a clean antecedent. The court considered the consensual nature of the relationship, the adult status of the parties, and the petitioner’s clean record. It allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate. The order was limited to bail and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 69, 352 and 351(3) of the Bharatiya Nyaya Sanhita given the consensual nature of the relationship and the petitioner’s clean antecedent

Legislation cited

Subjects

  • bail
  • consensual relationship
  • sexual offence
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21799 of 2026
                      Arising Out of PS. Case No.-7 Year-2026 Thana- MAHILA PS District- Jehanabad
                 ======================================================
                 Munna Kumar S/o Ram Bhagvan Saw R/o Mohalla - Shanti Nagar, Balti
                 Factory, P.O. and P.S- Jehanabad, Dist.- Jehanabad, Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mrityunjay Kumar, Advocate
                 For the State            :        Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Jehanabad Mahila P.S. Case No. 07 of 2026 registered for the

                   offence punishable under Sections 69, 352 and 351(3) of the

                   Bharatiya Nyaya Sanhita.

                                 3. The allegation against the petitioner is of

                   establishing sexual relationship with the informant on the pretest

                   of marriage.

                                 4. From the FIR, it appears that the petitioner and the

                   informant are majors who had entered into a consensual

                   relationship and when the relation turned sour, this FIR has been

                   filed.

                                 5. The petitioner is in custody since 21.01.2026.
           Patna High Court CR. MISC. No.21799 of 2026(2) dt.07-04-2026
                                                       2/2




                                  6. Considering the fact that the petitioner and the

                     informant are majors and were in a consensual relationship for

                     over five years and also the fact that the petitioner has clean

                     antecedent, this application is allowed.

                                  7. Let the petitioner, above named, be released on bail

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

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

                     Sub-Divisional Judicial Magistrate, Jehanabad in connection

                     with Jehanabad Mahila P.S. Case No. 07 of 2026.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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