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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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