Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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