Patna High Court

Shivam KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Shivam Kumar, was arrested in connection with a case registered under sections 81, 351(2) and 352(3) of the Bihar Narcotic Substances Act, 2023, alleging he had a sexual relationship with an 18‑year‑old woman under the pretext of marriage and that she was two months pregnant. The petitioner applied for bail, submitting an affidavit stating his willingness to marry the victim. The State opposed the bail, while the informant had no objection provided the petitioner married the victim. The court considered the facts, the petitioner's undertaking, and the supplementary affidavit, and directed that bail be granted on a bond of Rs.10,000 with two sureties. The court emphasized that the petitioner must fully abide by his undertaking.

Issues considered

Whether bail should be granted to the petitioner under sections 81, 351(2) and 352(3) of the Bihar Narcotic Substances Act, 2023 in view of the alleged premarital relationship and pregnancy
Whether the petitioner's willingness to marry the victim suffices as a condition for bail

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 351(2), 352(3), 81

Subjects

bail
criminal procedure
sections 81
section 351(2)
section 352(3)
premarital relationship
pregnancy
Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65385 of 2025
                      Arising Out of PS. Case No.-7 Year-2025 Thana- MAHILA PS District- Khagaria
                 ======================================================
                 Shivam Kumar S/O Ranjit Yadav R/O Choti Kothia, Asli Kothia, P.S.-
                 Gangaur, Distt. - Khagaria, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX D/O Upendra Sah R/O Village Ekaniya Ward No. 06, P.S.- Mansi,
                 Distt.- Khagaria Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prashant Saurabh, Adv.
                 For the Opposite Party/s :       Mr.Zainul Abedin, APP
                 For the O.P. No.2        :       Mr. Jasjit Pranja, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   20-02-2026                      Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Khagaria Mahila P.S. Case no.07

                   of 2025 registered under sections 81, 351(2) and 352(3) of BNS,

                   2023.

                                3. Allegation in the F.I.R is that petitioner had

                   established physical relations with the victim on the pretext of

                   marriage.

                                4. Learned counsel for the petitioner submits that the

                   present case arises out of a love relationship between the

                   petitioner and the victim, who is about 18 years of age. It is
Patna High Court CR. MISC. No.65385 of 2025(6) dt.20-02-2026
                                            2/3




          admitted in the F.I.R. that the petitioner was interested in

          marrying the victim, had stayed with her, and that she was two

          months pregnant. Learned counsel further points out that a

          supplementary affidavit dated 11.01.2026 has been filed on

          behalf of the petitioner, bringing on record his willingness to

          marry the victim. The petitioner is in custody since 13.05.2025

          and undertakes to cooperate in the case/trial.

                       5. The application for bail is opposed by learned

          A.P.P. for the State, however, learned counsel for the informant

          has no grievance for bail being granted to the petitioner so long

          as he is willing to marry the victim.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the affidavit filed

          on behalf of the petitioner that he would be getting married with

          the victim as they were having love relationship and also have a

          child born out of wedlock, the petitioner is directed to be

          enlarged on bail in connection with Khagaria Mahila P.S. Case

          no.07 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

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

          satisfaction of the learned Court concerned where the case is

          pending/successor Court.

                       7. It is expected that the petitioner would fully abide
              Patna High Court CR. MISC. No.65385 of 2025(6) dt.20-02-2026
                                                          3/3




                        by his undertaking, as stated before this Court by way of an

                        affidavit, which carries its own sanctity.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T

Continue reading with your account

Checking your session…