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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions stipulated by the Court.

Summary

The petitioner, Aman Kumar, was accused of sexually exploiting an informant on a promise of marriage, invoking sections 69, 352, 321(2) and 3(5) of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, arguing that the relationship was consensual, there was no force, and he has a clean antecedent. The State opposed the bail. The High Court considered the allegations, the petitioner's claim of a consensual relationship, and the need to prevent undue hardship before arrest. It granted anticipatory bail, subject to a cash bond of Rs.10,000 with two sureties and several conditions, including personal surety, attendance in court, and verification of antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bharatiya Nyaya Sanhita in view of the alleged sexual exploitation charges.

Legislation cited

Subjects

  • anticipatory bail
  • sexual exploitation
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal law
  • relationship consent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6193 of 2026
                     Arising Out of PS. Case No.-1068 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
                 Aman Kumar S/O Vijay Kumar Ray Resident of Mohalla- Loha Chapra, P.S-
                 Khaira, District- Saran at Chapra.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Puja Kumari D/O Jitendra Singh Resident of Rajendra Nagar, P.S
                 -Agamkuan , District- Patna, Permanent resident of Village- Singhiyan, P.S-
                 Bhawanipur, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :      Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in connection with Kankarbagh P.S. Case No. 1068 of 2025

                   dated 19.11.2025 instituted for the offences punishable under

                   Sections 69/352/321(2)/3(5) of the Bharatiya Nyaya Sanhita.

                                3. Allegation against the petitioner is that he had

                   sexually exploited the informant on the promise of marriage and

                   subsequently denied to marry her.

                                4. Learned counsel for the petitioner submits that

                   from the admission of the informant, it would appear that she

                   agrees to the fact that the petitioner and the informant knew
Patna High Court CR. MISC. No.6193 of 2026(2) dt.04-02-2026
                                            2/3




          each other since 2022 and they were in a relationship and only

          when the petitioner showed his inability to marry her, the

          present case has been lodged. It has further been submitted that

          admittedly the petitioner and the O.P. No. 2 were in love affair

          and, therefore, there was no forceful making of physical

          relationship with the informant and only when the petitioner did

          not agree to marry her, the present false and concocted case has

          been lodged against him. The petitioner has clean antecedent.

                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       6. Considering the facts aforesaid, the petitioner is

          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate

          XI, Patna in connection with Kankarbagh P.S. Case No. 1068 of

          2025, subject to the conditions as laid down under Section 482

          of the BNSS and subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioner;
            Patna High Court CR. MISC. No.6193 of 2026(2) dt.04-02-2026
                                                        3/3




                                   (ii) the petitioner will remain present on each and

                      every date fixed by the Court below, if so required by the

                      learned Trial Court;

                                   (iii) in case of absence on two consecutive dates or in

                      violation of the terms of the bail, the bail bonds of the petitioner

                      will liable to be cancelled by the Court concerned;

                                   (iv) the Court below shall verify the criminal

                      antecedent of the petitioner and in case at any stage, it is found

                      that the petitioner has concealed his criminal antecedent, the

                      court below shall take step for cancellation of bail bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification.

                                   It is made clear that the observations, if any, made in

                      this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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