Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioners subject to a bond of Rs.10,000 and two sureties, in accordance with section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Babita Devi and Sulendra Rai, sought bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly establishing a physical relationship with a woman on a false promise of marriage and assaulting her when she pressed for marriage. The FIR alleged that the petitioners, who are close‑door neighbours and pattidars, had previously been granted bail in a related matter (Cr. Misc. No. 65745 of 2025). The State opposed the bail application, but the court noted the petitioners' clean antecedent and the circumstances of the case. Relying on section 482(2) of the BNSS, the court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the SDJM, Khagaria. The order thus allowed the petitioners to be released on bail pending further proceedings.
Issues considered
- Whether bail should be granted to the petitioners accused under sections 81, 115(2), 126(2), 351(2), 351(3) and 3(5) of the BNSS.
- Whether the petitioners' clean antecedent and the facts of the case justify bail under section 482(2) of the BNSS.
- Whether the conditions imposed by the court are sufficient to safeguard the interests of justice.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 351(2), 351(3), 482(2), 81
Subjects
- bail
- false promise of marriage
- assault
- BNSS
- clean antecedent
- section 482(2)
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37916 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- MAHILA PS District- Khagaria
======================================================
1. Babita Devi Wife of Sulendra Rai @ Sulendra Ray @ Sulendra Rai Rai R/o
Village- Bagulia, Ward No. 09, Goriyami, P.S.- Alouli, District- Khararia,
Bihar.
2. Sulendra Rai @ Sulendra Ray @ Sulendra Rai Rai Son of Late Sukhdev Rai
R/o Village- Bagulia, Ward No. 09, Goriyami, P.S.- Alouli, District-
Khararia, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Roy, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 81, 115(2),
126(2), 351(2), 351(3) and 3(5) of BNS.
3 . As per F.I.R. this petitioner who is close door
neighbour came in contact with the informant and on false
promise of marriage, established physical relation with her. He
used to assault informant whenever, she pressurized for
marriage. Later on, refused to perform marriage.
4. It is submitted on behalf of the petitioners that both
the parties are pattidar. Petitioners are parents of co-accused B.
Patna High Court CR. MISC. No.37916 of 2026(2) dt.25-06-2026
2/2
P Kumar who allegedly established physical relation with
victim (informant) on a false promise of marriage . Moreover,
co-accused B. P Kumar has already been granted bail by this
Hon’ble Court vide order dated dated 19.03.2026 in Cr. Misc.
No. 65745 of 2025 . Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid facts, materials available
on record, clean antecedent of these petitioners and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioners, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M.,
Khagaria, in connection with Mahila P.S. Case No. 16 of 2025 ,
subject to the conditions laid down under section 482 ( 2 ) of the
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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