Patna High Court
SUBH KUMAR @ SHUBH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Since both parties were major and the relationship was consensual, the conduct does not amount to a criminal offence under the cited provisions, and bail was granted.
Summary
The petitioner, Subh Kumar, was arrested in a case registered under sections 64, 81 and 305 of the BNS and section 4 of the POCSO Act, alleging that he had a long‑term relationship with the informant, demanded dowry and later refused to marry her. The petitioner contended that the relationship was consensual between two adults, that the informant was a major (born 24‑08‑2006) and that the FIR was false and concocted. The State opposed bail, arguing that the alleged conduct amounted to offences under the cited statutes. The Court examined the ages of the parties and the consensual nature of the relationship, concluding that no criminal offence under the mentioned provisions arose. Consequently, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS 2023.
Issues considered
- Whether the consensual relationship between two adults, one of whom is a major, constitutes an offence under sections 64, 81, 305 of the BNS and section 4 of the POCSO Act.
- Whether bail should be granted in view of the alleged offences and the circumstances of the case.
Legislation cited
- BNS — s. 305, 64, 81
- BNSS, 2023 — s. 482(2)
- POCSO — s. 4
Subjects
- bail
- POCSO Act
- consensual relationship
- major
- dowry demand
- criminal law
- sections 64,81,305 BNS
- section 4 POCSO
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- MEHANDIGANJ District- Patna
======================================================
SUBH KUMAR @ SHUBH KUMAR S/O SUDHIR SINGH R/O
MOHALLA GRAM SWARAJ PATH, CHITRAGUPTA NAGAR,
KANKARBAGH, DISTRICT- PATNA
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o YYY R/o flat no.102, Mehandiganj, chandra moti apartment, near
paijwa more, P.S.-Mehandiganj, District-Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naman Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner, informant
and the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 64 , 81 and 305 of
BNS and 4 of POCSO.
3 . The prosecution case , in brief, is that the
informant was in longstanding relationship with the petitioner,
who allegedly promised to marry her. Based on the said
promise , daughter of the informant entered into physical
relationship with the petitioner. Relationship lasted for several
years and thereafter, petitioner and other accused persons started
demanding dowry and later on this petitioner refused to marry
Patna High Court CR. MISC. No.70 of 2026(2) dt.20-01-2026
2/3
informant.
4. Learned counsel for the petitioner submits that
prosecution case set out in the F.I.R. is false and concocted. The
informant was major and was conscious of all consequences of
intimate relationship which continued for several months. The
act of repeated intimacy and sexual relationship was totally
consensual in nature and was not established under any false
promise , threat or coercion . He further submits that it is a case
of long voluntary love affair between two consenting adults
which had been given a colour of forcibly sexual intercourse
with oblique purpose and motive . During investigation , the
date of birth of the informant was 24.08.2006, aged about 19
years ( major ). Petitioner claims clean antecedent.
5 . Learned counsel for the State and informant
opposed the bail petition of the petitioner.
6. Considering the fact that both the parties were
major when the relationship developed between them and
informant was well aware of such relationship and its
consequences and as such, the same will not amount to any
criminal offence , in the event of arrest or surrender within eight
weeks from today, let the petitioner, as named above , be
enlarged on bail on furnishing bail bond of Rs.10,000/-(ten
Patna High Court CR. MISC. No.70 of 2026(2) dt.20-01-2026
3/3
thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional session Judge
– VII cum Judge Exclusive special Judge POCSO Patna in
connection with Mehandiganj P.S. case No. 180 of 2025 ,
subject to the conditions laid down under section 482 ( 2 ) of
BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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