Chintu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42770 of 2026
                 Arising Out of PS. Case No.-34 Year-2026 Thana- MAHILA P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Chintu Kumar Son of Bhim Ram Resident of Village- Bishunpura, P.O.-
                 Dangri, P.S.- Kudra, District- Sasaram.

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Tooba Hera, Adv.
                                                  Dr. Anand Kumar, Adv.
                                                  Ms. Kamya Thakur, Adv.
                 For the Opposite Party :         Mr. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026                    Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Mahila P.S. Case

                   No.34 of 2026 registered under Sections 115(2), 126(2),

                   69, 351(2), 352, 3(5)               of the Bharatiya Nyaya Sanhita,

                   2023 (in short ‘BNS’).

                                3. As per the FIR, petitioner alleged to establish

                   physical relationship with informant on false pretext of

                   marriage.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the informant was in relationship with this
Patna High Court CR. MISC. No.42770 of 2026(2) dt.07-07-2026
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          petitioner for the last two years. It is also submitted that the

          petitioner was always ready to solemnize marriage with the

          informant, but as informant entered into an altercation with

          mother petitioner on 05.03.2026 at about 8:00 P.M, the

          mother of petitioner refused to solemnize marriage. It is also

          submitted that last allegation of physical relationship as per

          FIR is 15th August, 2025, in the background, that the last

          relationship was established thereafter also in Sasaram hotel

          was just to aggravate the allegation without specifying any

          date. It is pointed out that even after the last occurrence

          which is the altercation as mentioned in FIR with mother of

          the petitioner i.e. on 5.03.2026, this FIR was lodged on

          26.04.2026 i.e. only with an inordinate delay of one month

          and twenty days without any just explanation. Petitioner

          claimed clean antecedent.

                       5. Learned APP has opposed the prayer of bail

          submitting that the allegation is specifically available against

          this petitioner.

                       6. In view of the aforesaid factual submission and

          by taking note of fact as FIR prima facie suggests that
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                     marriage could not solemnized due to altercation of

                     informant with mother of petitioner, where FIR also appears

                     to be lodged with a delay of one month and twenty days

                     after the last occurrence, suggesting prima facie an

                     afterthought        qua      false      implication,   accordingly,   the

                     petitioner, above-named, in the event of his arrest or

                     surrender in the court below within a period of four weeks, is

                     directed to be released on bail, on furnishing bail bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each to the satisfaction of the learned CJM,

                     Kaimur at Bhabua, Sasaram in connection with Mahila P.S.

                     Case No.34 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Code of Criminal Procedure (in

                     short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’)


                                                             (Chandra Shekhar Jha, J.)

Aniket/-

U      T