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Patna High Court

Anand Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Anand Kumar Gupta, applied for anticipatory bail in a case arising from a police complaint alleging that he deceived the informant by promising marriage, established a physical relationship, and subsequently abandoned her after taking her to another location. The prosecution charged him under Sections 140(3), 87, 64, 303(2), 81, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, alleging offences related to deceit, kidnapping, and criminal intimidation. The petitioner contended that the relationship was consensual, the informant was a major who voluntarily accompanied him, and the FIR was lodged after an unjustified delay, asserting that he was falsely implicated. The court examined the gravity of the alleged offences, the element of deceit and false promise of marriage, and found the allegations serious enough to deny anticipatory bail. Consequently, the court rejected the petitioner's prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 140(3), 87, 64, 303(2), 81, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the alleged conduct constitutes an offence under the cited provisions of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • false promise of marriage
  • deception
  • Bharatiya Nyaya Sanhita
  • criminal law
  • section 140(3)
  • section 303(2)
  • section 351(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65899 of 2025
                         Arising Out of PS. Case No.-183 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Anand Kumar Gupta Son of Chandan Gupta Resident of Village - Dharhar
                 Jamuniya, Police Station - Dhamdaha, District - Purnia.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Seema Kumari Daughter of Pramod Sah Resident of village - Sahara, Police
                 Station - Maranga, District - Purnia

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Narendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   24-02-2026                    Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Maranga Police Station Case No. 183 of 2025,

                   disclosing offences under Sections 140(3), 87, 64, 303(2),

                   81, 351(2) and 3(5) of Bharatiya Nyaya Sanhita.

                                3. The prosecution case in brief is that informant

                   alleged that on the pretext of marriage, the petitioner

                   allegedly established physical relationship with her. It is

                   further alleged that the petitioner threatened to solemnize

                   the marriage and forcibly took her to Chhapra, where he

                   communicated with his parents. Thereafter, he called her to
Patna High Court CR. MISC. No.65899 of 2025(4) dt.24-02-2026
                                            2/3




          Purnea but allegedly abandoned her there and fled along

          with his friend, Prince. It is alleged that the informant’s

          documents and a sum of Rs. 23,000/- were with his friend at

          that time. When confronted, the petitioner reportedly

          refused to marry the informant.

                       4. Learned counsel for the petitioner submits that

          the petitioner and the informant were in a consensual

          relationship and that the informant, being a major, had

          voluntarily accompanied the petitioner on 14.05.2025. Due

          to family objections, the petitioner expressed his inability to

          marry at that time and asked her to return home, which she

          did. The F.I.R. was lodged after an unexplained delay of

          eight days. It is thus submitted that no offence has been

          committed and the petitioner has been falsely implicated

          with ulterior motive.

                        5. Regards being had to the submissions made on

          behalf of the parties and taking into consideration the

          gravity of the offence and the allegation of physical relation

          through deceitful means, including false promises of

          marriage, I am not inclined to grant the petitioner privilege

          of anticipatory bail.
           Patna High Court CR. MISC. No.65899 of 2025(4) dt.24-02-2026
                                                       3/3




                                  6. In the result, the prayer for anticipatory bail is

                     rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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