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Patna High Court

Vishal Yadav @ Vishal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted, subject to the condition that the petitioner shall not harass the informant or display any joint photographs.

Summary

The petitioner, Vishal Yadav, sought anticipatory bail in a case registered under Sections 69, 318(4), 126(2), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging sexual exploitation and harassment of the informant, who claimed the petitioner broke off multiple marriage arrangements. The petitioner argued that the relationship was consensual, the informant was an adult, and there was no intent to avoid marriage, thus no offence under Section 69. The informant contended that the petitioner used the promise of marriage to exploit her, harassed her with photographs, and interfered with her subsequent marriage plans. The court examined the duration of the relationship and the absence of a clear allegation that the petitioner never intended to marry, and consequently granted anticipatory bail with conditions prohibiting further harassment or the display of joint photographs. The bail order was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations under Sections 69, 318(4), 126(2), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the conduct alleged constitutes an offence under Section 69 of the Bharatiya Nyaya Sanhita.
  • Whether the petitioner's alleged harassment and interference with the informant's marriage justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • sexual exploitation
  • consent
  • marriage interference
  • harassment
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 69
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4990 of 2026
                 Arising Out of PS. Case No.-72 Year-2025 Thana- MAHILA P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Vishal Yadav @ Vishal Kumar Singh S/o- Adhinath Yadav R/v- Mopatpur Ps-
                 Ramgarh Dist- kaimur at Bhabua

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Priti Kumari D/o Bhikhari Kharwar Village Mopatpur P.S. Ramgarh Distt
                 Kaimur at Bhaba

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Arvind Kumar, Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Informant        :       Ms. Abhilasha Kumari, Advocate
                 For the Opposite Party/s :       Mr. Dr. Mrityunjaya Kr.Gautam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   15-04-2026                   Heard learned counsel for the parties concerned.

                                 2. The petitioner apprehends his arrest in

                   connection with Mahila P.S. Case No. 72 of 2025,

                   registered for the offences punishable under Sections 69,

                   318(4), 126(2), 115(2), 352 and 3(5) of Bharatiya Nyaya

                   Sanhita, 2023.

                                 3. The prosecution case, as per the First

                   Information Report, is that the informant was in a

                   relationship with the petitioner from 15.02.2020 to 2025.

                   During this period, it has been alleged that the informant

                   was sexually exploited by the petitioner on the pretext of
Patna High Court CR. MISC. No.4990 of 2026(3) dt.15-04-2026
                                            2/4




          marriage, but subsequently he refused to perform marry

          with the informant. It is further alleged that when the

          informant’s parents settled her marriage in the year 2022,

          the petitioner was instrumental in breaking the marriage by

          showing photographs on mobile. Again, the marriage of the

          informant was fixed on 02.06.2025, but this time also the

          petitioner prevailed and the marriage negotiations broke

          down.

                       4. Learned senior counsel for the petitioner

          submits that from perusal of the FIR, it is evident that the

          relationship between the petitioner and the informant

          continued for a fairly long period of time, i.e., about five

          years. Subsequently, for any reason, the marriage was not

          solemnized, the same would not give rise to an offence

          under Section 69 of the B.N.S. The relationship between the

          petitioner and the informant was consensual and the

          informant was major at the time of entering into the said

          relationship with the petitioner.

                       5. On the other hand, learned counsel for the

          informant vehemently opposed the prayer for bail and

          submits that on the pretext of marriage, the petitioner
Patna High Court CR. MISC. No.4990 of 2026(3) dt.15-04-2026
                                            3/4




          continued to make physical relationship with the informant

          and subsequently, without any reason, he refused to perform

          marriage with the informant. The informant is also being

          harassed by the petitioner, inasmuch as he is having

          objectionable photographs with her and in the year 2022,

          the marriage of the informant with another boy got broken

          at the behest of the petitioner. In the year 2025 also the

          marriage of the informant with some other boy could not

          finalized due to false propaganda by the petitioner.

                        6. Regards being had to the submissions made on

          behalf of the parties and taking into consideration the fact

          that the relationship of the informant with the petitioner

          continued for a fairly long period of time and there is no

          allegation in the FIR that from the very inception the

          intention of the petitioner was not to perform marriage with

          the informant, I am inclined to grant the petitioner privilege

          of anticipatory bail, subject to the condition that in future

          the petitioner shall not harass the informant, much less by

          showing any joint photographs of the petitioner with the

          informant.

                       7. This application is, accordingly, allowed.
           Patna High Court CR. MISC. No.4990 of 2026(3) dt.15-04-2026
                                                       4/4




                                  8. Let the petitioner, above named, in the event of

                     his arrest or surrender before the Court below within four

                     weeks, be released on bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of learned Sub Divisional

                     Judicial Magistrate, Bhabhua (Kaimur), in connection with

                     Mahila Police Station Case No. 72 of 2025, subject to the

                     condition laid down under Section 482 (2) of the Bharatiya

                     Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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