Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to standard conditions.
Summary
Chandan Kumar was arrested in connection with a case registered under Sections 318(4), 303(2), 89 and 69 of the Bharatiya Nyaya Sanhita, 2023, alleging that he established a physical relationship with the informant under the pretext of marriage, which later did not materialise. The petitioner pleaded innocence, claiming the relationship was consensual and that no prior complaint was filed before the FIR dated 14‑12‑2024. He sought bail, arguing lack of criminal antecedents and reliance on Supreme Court precedents concerning consensual relationships. The State opposed the bail application. After considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered bail on the condition of a Rs.15,000 bond with two sureties and compliance with attendance requirements.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged consensual physical relationship under Sections 318(4), 303(2), 89 and 69 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offence and the period of custody justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4), 69, 89
Subjects
- bail
- consensual relationship
- marriage fraud
- Bharatiya Nyaya Sanhita
- Section 318
- Section 303
- Section 89
- Section 69
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64442 of 2025
Arising Out of PS. Case No.-334 Year-2024 Thana- UJIYARPUR District- Samastipur
======================================================
Chandan Kumar S/o Suresh Poddar Resident of Ward No.1, Mahisari, P.S.-
Ujiyarpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
8 13-03-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Ujiarpur P.S. Case No. 334 of 2024, instituted for the offences
punishable under Sections 318(4), 303(2), 89 and 69 of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the pretext
of marriage, the petitioner established physical relation with the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submits that the
Patna High Court CR. MISC. No.64442 of 2025(8) dt.13-03-2026
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occurrence is said to have taken place from year 2022 to
08.12.2024 but the FIR was lodged on 14.12.2024 and before
that no any complaint or FIR has been lodged by the informant.
It is next submitted that the petitioner is alleged to have
established physical relationship on the assurance of marriage.
Subsequently, for one reason or the other, the marriage could not
be solemnized and for the said reason, the present case has been
instituted. Learned counsel for the petitioner further submits that
the said relationship was a consensual relationship between the
parties. He has further placed reliance on cases of the Hon’ble
Supreme Court since reported in 2018 SCC Online SC-3100
(Dr. Dhruvaram Murlidhar Sonar versus The State of
Maharastra & Ors) and (2019) 9 SCC 608 (Pramod
Suryabhan Pawar vs. The State of Maharashtra and Ors.).
The petitioner is in custody since 15.12.2024 and has got no
criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.64442 of 2025(8) dt.13-03-2026
3/3
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Ujiarpur P.S. Case No. 334 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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