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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the provisional bail was cancelled and the application for regular bail dismissed because the petitioner neither surrendered nor complied with the condition of solemnising marriage.

Summary

The petitioner, Pramod Kumar, was granted provisional bail on 10 September 2025 in a criminal matter. He expressed willingness to solemnise marriage with the victim, leading to an extension of his bail on 13 January 2026. By 2 February 2026, the court sought clarification on whether he had surrendered, but his counsel could not locate him. The informant informed the court that the petitioner had neither surrendered nor attempted to fulfil the marriage condition. Consequently, the court cancelled the provisional bail, ordered his custody, and dismissed his application for regular bail.

Issues considered

  • Whether the provisional bail should be cancelled due to the petitioner's failure to surrender and to comply with the condition of solemnising marriage with the victim
  • Whether the petitioner's application for regular bail should be dismissed on the same grounds

Subjects

  • bail
  • provisional bail
  • regular bail
  • cancellation of bail
  • absconding
  • condition of marriage
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56410 of 2025
                    Arising Out of PS. Case No.-29 Year-2025 Thana- SAKURABAD District- Jehanabad
                 ======================================================
                 Pramod Kumar S/O Sudarshan yadav R/O Village-Murhari, P.S-Karpi,
                 District-Arwal.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar BIHAR
           2.    NA W/O NA R/O Vill.- Saraiya, P.S.- Shakurabad, Dist.- Jehanabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Eashita Raj, Adv.
                 For the Opposite Party/s :      Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   16-02-2026                    It appears from order dated 10.09.2025 that the

                   petitioner was granted provisional bail. The purpose for granting

                   such provisional bail is clearly reflected in the subsequent order

                   dated 13.01.2026, wherein the petitioner expressed his

                   willingness to solemnize marriage with the victim and for the

                   said purpose, the provisional bail granted to the petitioner was

                   extended on 13.01.2026. Thereafter, when the matter was taken

                   up on 02.02.2026, learned counsel for the petitioner was granted

                   time to seek instructions as to whether the petitioner had

                   surrendered or not.

                                2. Today, the counsel appearing for the petitioner

                   submits that she is unable to contact his client and she has no

                   idea as to whether he has surrendered or not. However, learned
              Patna High Court CR. MISC. No.56410 of 2025(6) dt.16-02-2026
                                                          2/2




                        counsel for the informant submits, on instructions, that the

                        petitioner has neither surrendered nor made any effort to fulfil

                        his assurance of solemnizing marriage with the victim.

                                     3. In such a situation, the provision bail granted to the

                        petitioner vide order dated 10.09.2025 is hereby cancelled.

                                     4. Learned Court concerned is directed to take all

                        steps to take the petitioner into custody and in case he is

                        absconding, the police machinery, at the level of Superintendent

                        of Police, Jehanabad, shall be activated for the said purpose.

                                     5. Considering the allegations and subsequent conduct

                        of the petitioner, with such observations and directions, the

                        application, seeking regular bail, also stands dismissed.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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