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
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 351(2), 351(3), 352, 482(2), 69
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
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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
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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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