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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the alleged conduct did not constitute a criminal offence under the cited provisions.

Summary

The petitioner, Chandan Kumar, sought bail in a case alleging offences under sections 69, 126(2), 115(2), 352, 351(2) and 351(3) of the Bharatiya Nagarik Suraksha Sanhita, stemming from a purported false promise of marriage and subsequent sexual relations with the informant. The prosecution alleged that the petitioner deceived the informant into a sexual relationship and later refused to marry her, constituting criminal sexual offences. The petitioner contended that the relationship was consensual, lasted two years, both parties were adults, and there was no element of force, deceit or coercion. The court examined the facts, noting the victim’s age (24 years) and the absence of any protest, and concluded that the alleged conduct did not amount to a criminal offence under the cited sections. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The bail order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the alleged sexual relationship, claimed to be consensual, constitutes an offence under sections 69, 126(2), 115(2), 352, 351(2) and 351(3) of the Bharatiya Nagarik Suraksha Sanhita
  • Whether bail should be granted to the petitioner pending trial

Legislation cited

Subjects

  • bail
  • consensual sexual relationship
  • false promise of marriage
  • criminal law
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39560 of 2026
                      Arising Out of PS. Case No.-10 Year-2026 Thana- MAHILA P.S. District- Rohtas
                 ======================================================
                 Chandan Kumar Son of Jitendra Kumar Singh Resident of Village-
                 Bhusahula, P.S.- Darihat, District- Rohtas

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Victim X Sanjay Kumar Das Village Gangti PS Bandeya District
                 Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Chandra, Advocate
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-06-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 69, 126(2), 115(2),

                   352, 351(2), 351(3) of BNS.

                                3 . As per prosecution case, on the false pretext of

                   marriage, this petitioner established physical relations with the

                   informant and later on, refused to solemnize marriage.

                                4. Learned counsel for the petitioner submits that

                   from bare perusal of F.I.R. it is apparent that both parties were

                   in relationship for the last 2 years. When their relationship

                   developed between them, both were major. The act of repeated
Patna High Court CR. MISC. No.39560 of 2026(2) dt.23-06-2026
                                            2/3




          intimacy and sexual relationship was totally consensual in

          nature and was not established under any false promise, threat,

          duress or coercion. He further submits that it is a case of long

          voluntary love affair between two consenting adults which had

          been given a colour of forcibly sexual intercourse with oblique

          purpose and motive. It is hard to believe that the informant kept

          on bending to the demands of the petitioner for a period of

          nearly 2 year without raising any protest to any quarter that the

          petitioner was exploiting her sexually under the pretext of a

          false promise of marriage. The sexual relations continued

          unabatedly between the parties, is sufficient to conclude that

          there was never an element of force or deceit in the relationship.

          The Court below has assessed the age of the victim as 24 years.

          Petitioner claims clean antecedent.

                       5 . Learned counsel for the State opposed the bail

          petition .

                        6 Considering the fact that both the parties were

          major when the relationship developed between them and

          informant was well aware of such relationship and its

          consequences and as such, the same will not amount to any

          criminal offence, in the event of arrest or surrender within eight

          weeks from today, let the petitioner, as named above, be
          Patna High Court CR. MISC. No.39560 of 2026(2) dt.23-06-2026
                                                      3/3




                    enlarged on bail on furnishing bail bond of Rs.10,000/-(ten

                    thousand) with two sureties of the like amount each to the

                    satisfaction of the learned SDJM, District, Rohtas at Sasaram in

                    connection with Rohtas Mahila P.S. Case No. 10 of 2026 ,

                    subject to the conditions laid down under section 482(2) of the

                    Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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