Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioner, Umesh Kumar, was arrested in connection with a case registered under Sections 69, 88 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that he established a physical relationship with the victim under the pretext of marriage. The petitioner contended that the relationship was consensual, he had no criminal antecedent, and he was willing to cooperate with the investigation. The State opposed the petitioner's request for anticipatory bail. After considering the submissions and the nature of the allegations, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the BNSS. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under Sections 69, 88 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a sufficient ground to deny bail given the claim of consensual relationship.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 482(2), 69, 88
Subjects
- anticipatory bail
- criminal law
- consensual relationship
- Bharatiya Nyaya Sanhita
- Section 69
- Section 88
- Section 351(2)
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70754 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- DUMRAO District- Buxar
======================================================
Umesh Kumar Son of Ganga Yadav @ Ganga Prasad Resident of Ward No. 1,
Village - Mochrak, P.O. - Navdihan Jhurang, P.S. - Gurpa, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 18-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Dumraon P.S. Case No. 149 of 2025 registered for offences
under Sections 69, 88 and 351(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of establishing physical relationship with the victim on
the pretext of marriage.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
It is submitted on behalf of the petitioner that the petitioner and
the victim were acquainted with each other for a considerable
period and were engaged in a voluntary and consensual
Patna High Court CR. MISC. No.70754 of 2025(6) dt.18-06-2026
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relationship. It is contended that the materials collected during
investigation indicate that the physical relationship between the
parties was consensual and continued over a period of time. The
petitioner has no criminal antecedent and undertakes to
cooperate with the investigation.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Having considered the rival submissions of the
parties, the nature of allegation and the materials available on
record, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Dumraon P.S. Case No. 149 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.70754 of 2025(6) dt.18-06-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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