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Patna High Court

Suman Tiwari @ Sumant TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner, subject to strict monetary and conduct conditions.

Summary

The petitioner, Suman Tiwari, was arrested in connection with a case alleging that he entered into a false promise of marriage, maintained a seven‑year physical relationship, caused an abortion, assaulted the woman, demanded Rs 50 lakhs, and threatened her life. He was charged under Sections 64, 89, 126(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner pleaded innocence, claimed the relationship was consensual, and highlighted his clean record, seeking bail. The State opposed bail, emphasizing the seriousness of the offences and the charge‑sheet. The Court, after considering the charge‑sheet, the period of custody, and the lack of prior convictions, decided to grant bail subject to monetary and conduct conditions. The order directed the petitioner to appear at all trial dates, refrain from tampering with evidence or intimidating witnesses, and provided for bail cancellation upon violation.

Issues considered

  • What is the appropriate bail jurisprudence for offences under Sections 64, 89, 126(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023?
  • Does the alleged consensual nature of the relationship and the petitioner’s clean record justify granting bail?
  • Are the conditions imposed by the Court sufficient to ensure the petitioner’s compliance and the integrity of the trial?

Legislation cited

Subjects

  • bail
  • false promise of marriage
  • consensual relationship
  • assault
  • extortion
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2393 of 2026
                    Arising Out of PS. Case No.-896 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Suman Tiwari @ Sumant Tiwari S/o Ram Kishor Tiwari Resident of Village-
                 Chhparabahas, P.S.- Sugauli, District- East Champaran


                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar

           2.    X D/o Naresh Singh R/o Village- Mahadeo, P.O. Maudah, P.S.- Sahiyara,
                 Dist.- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raju Giri, Sr. Advocate
                                                 Mr. Harsh Vardhan, Advocate
                                                 Mr. Chetan Anand, Advocate
                                                 Mr. Harsh Raj, Advocate
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   23-02-2026                    Heard learned senior counsel for the petitioner and

                   learned APP for the State. Perused the case diary.

                                 2. The petitioner seeks bail in Motihari town P.S. Case

                   No. 896 of 2025 instituted for the offences under Sections 64,

                   89, 126(2), 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. Prosecution case, in short, is that, on false promise

                   of marriage, the petitioner allegedly established physical

                   relations with the informant for seven years and got her
Patna High Court CR. MISC. No.2393 of 2026(3) dt.23-02-2026
                                            2/4




          pregnancy aborted; thereafter, he allegedly assaulted her,

          demanded ₹50 lakhs for marriage, and threatened to kill her.

                      4. Learned senior counsel for the petitioner submits

          that the petitioner is innocent and has falsely been implicated in

          the present case. The petitioner is in custody since 06.09.2025

          and has no criminal antecedent. On recovery, the statement of

          the victim has been recorded under Section 183 of the BNSS in

          which she has stated that the petitioner established physical

          relations with her for seven years on the pretext of marriage.

          The petitioner is alleged to have established physical

          relationship on the assurance of marriage. Subsequently, for one

          reason or the other, the marriage could not be solemnized and

          for the said reason, the present case has been instituted. Learned

          counsel for the petitioner submits that the said relationship was

          a consensual relationship between the parties. He has further

          placed reliance on cases of the Hon’ble Supreme Court since

          reported in 2018 SCC Online SC-3100 (Dr. Dhruvaram

          Murlidhar Sonar versus The State of Maharastra & Ors) and

          (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. The State of

          Maharashtra and Ors.). Learned counsel further submitted that

          police, after completion of investigation submitted charge-sheet

          against the petitioner under Sections 64, 89, 126(2), 115(2), 352,
Patna High Court CR. MISC. No.2393 of 2026(3) dt.23-02-2026
                                            3/4




          351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and submission of charge-sheet against the petitioner

          in the aforesaid Sections as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                          7. Let the petitioner be released on bail, after

          framing of charge, if not already framed, on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Motihari Town P.S.

          Case No. 896 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or a

          close family member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.
           Patna High Court CR. MISC. No.2393 of 2026(3) dt.23-02-2026
                                                       4/4




                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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