Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 351(3), 352, 69
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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