Patna High Court
Abhay kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Abhay Kumar, was arrested on 5 May 2025 in connection with a case under Section 69 of the BNS, alleging that he forcibly took a woman to Bangalore and had an illicit relationship resulting in a pregnancy. The petitioner claimed he had a clean antecedent, denied the allegations, and argued that the FIR was fabricated, citing a statement under Section 183 of the BNSS indicating consent. The prosecution opposed bail, emphasizing the direct allegations in the FIR. The court considered the petitioner’s clean record, the length of custody, and the nature of the allegations, and decided to grant bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent without delaying bail.
Issues considered
- Whether bail should be granted to the petitioner despite the serious allegations under Section 69 of the BNS.
- Whether the alleged fabrication of the FIR and the statement under Section 183 of the BNSS affect the bail decision.
- Whether the petitioner’s clean antecedent and period of custody justify bail with conditions.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 69
- Section 183
- fabricated FIR
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72766 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Abhay kumar S/O Dinesh sahani R/O Village - Fursatpur, P.S- Motihari
Muffasil, District- East Champaran
... ... Petitioner
Versus
1. The State of Bihar
2. Lalsa Kumari D/o- Ram Pravesh Sahani, Village- Sarottar, P.S.- Dumaria
Ghat, District- East Champaran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No. 2, Advocate
: Mr. Raki Alam, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.05.2025 in connection with Sangrampur P.S. Case No. 155 of
2025 for the offence punishable under Section 69 of BNS.
3. The prosecution story, in brief, is that the informant-
cum-victim used to live at the maternal grandfather's (nana)
house after death of her mother and her nana solemnized her
marriage and she was living a happy married life. A few days
after the marriage when she came to her Nana's house then
accused-petitioner started forcing to talk to her and started
calling repeatedly and giving her false assurance of marriage
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and promised her that he will keep her like a queen after that he
made illicit relationship with her several times and on
23.01.2025 accused- petitioner forcibly took her to Bangalore
by luring her to marry and left her to maternal grandfather's
(nana) house. That a two month old baby of accused-petitioner
is also in her womb and thereby he committed an offence.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Learned counsel for the petitioner further
submits that the statement of the victim recorded under Section
183 of BNSS in which she has stated that she has performed
marriage with the petitioner and as far as physical relation in
concerned, the same has happened with the consent of the
informant and the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
10.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submitted that there is a direct allegation against the petitioner
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in the FIR.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner is a person with clean antecedent and
is in custody since 05.05.2025, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge (Rape &
POCSO Cases), District and Additional Sessions Judge, East
Champaran at Motihari in connection with Sangrampur P.S.
Case No. 155 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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