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Patna High Court

Anuranjan Kumar @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Anuranjan Kumar, was arrested in connection with a case registered under Sections 69, 89, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that he pretended to marry a 37‑year‑old woman, induced an abortion and later threatened her. The petitioner contended that the relationship was consensual, lasted three years, and that the charges were politically motivated. The prosecution’s FIR did not specifically allege that the petitioner’s intention from the outset was not to marry. The court noted that the petitioner had been in custody since 18‑Nov‑2025, a charge‑sheet had been filed, and there was no likelihood of him absconding or tampering with evidence. Considering these factors, the court found no substantive ground to deny bail. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriate bail disposition for offences under Sections 69, 89, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023?
  • Whether the petitioner poses a risk of absconding or tampering with evidence in the present case?

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • sexual offences
  • consent
  • marriage promise
  • Bhartiya Nyaya Sanhita
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5160 of 2026
                      Arising Out of PS. Case No.-44 Year-2025 Thana- MAHILA P.S. District- Munger
                 ======================================================
                 Anuranjan Kumar @ Chhotu Kumar Son of Alok Mahto Village -Chhoti
                 Lagma PS -Hamjapur Dist -Munger

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar
                 For the Opposite Party/s :        Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   13-05-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   The petitioner seeks regular bail in connection with

                            Mahila Police Station Case No. 44 of 2025, dated

                            10.10.2025, registered for the offences punishable under

                            Sections 69/89/351(2)/3(5) of the Bhartiya Nyaya

                            Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that the informant lives alone in her house and the

                            petitioner, who is known to the informant for the last

                            three years and is the neighbour of the informant, on the

                            pretext of marriage, established physical relationship with

                            her. On 10th April, 2025, when the informant came to

                            know that she is pregnant, she informed the elder brother
Patna High Court CR. MISC. No.5160 of 2026(4) dt.13-05-2026
                                            2/3




                   of the petitioner, who on the assurance of marriage, got

                   her pregnancy aborted on 01.05.2025. Thereafter, the

                   petitioner refused to marry and also threatened to kill the

                   informant.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   this case due to village politics and to extract money from

                   the petitioner. He further submits that the relationship

                   between the petitioner and the informant continued for a

                   fairly long period (three years), the relationship between

                   the petitioner and the informant was consensual in nature

                   and both were major at the time of establishing physical

                   relationship. Inasmuch as the informant is aged about 37

                   years, which would be evident from the matriculation

                   certificate of the informant (Annexure 2). He further

                   submits that there is no specific allegation in the First

                   Information Report disclosing the fact that the intention

                   of the petitioner from very inspection was not to marry

                   the informant. He next submits that the petitioner is in

                   custody since 18.11.2025 and charge sheet has been

                   submitted against the petitioner, as such, there is no

                   likelihood that the petitioner will abscond and/or tamper
            Patna High Court CR. MISC. No.5160 of 2026(4) dt.13-05-2026
                                                        3/3




                               with the evidence.

                          5.   Having heard learned Counsel for the parties and taking

                               into consideration the materials on record and the fact that

                               the petitioner is in custody since 18.11.2025, there is no

                               specific allegation against the petitioner that from the

                               very inception, the petitioner’s intention was not to marry

                               the informant, the relationship between the two continued

                               for fairly long period of time and charge sheet has been

                               submitted against him, I am inclined to grant regular bail

                               to the petitioner.

                          6.   This application is, accordingly, allowed.

                          7.   Let the petitioner, above named, be released on bail, upon

                               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, Munger, in

                               connection with Mahila Police Station Case No. 44 of

                               2025.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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