Created by Fuzzy Cloud

Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as the alleged conduct was consensual and does not warrant denial of bail under the applicable statutes.

Summary

The petitioner, Amarjeet Kumar, sought bail after a complaint was lodged alleging that he had a physical relationship with the complainant under the false pretext of marriage, leading to a pregnancy that was terminated at the behest of his family. The FIR charged him under sections 64 and 88 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the relationship was consensual, he had no prior criminal record, and the complaint was filed five years after the relationship began. The State and the complainant opposed bail, arguing that the petitioner had deceived the complainant and was about to marry another woman. The court, noting the consensual nature of the alleged relationship and the lack of a prima facie case for a non‑bailable offence, ordered bail on a bond of ₹30,000 subject to conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail for offences under sections 64 and 88 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the allegations constitute a non‑bailable offence.
  • Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • consensual relationship
  • sections 64 and 88
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7622 of 2026
                   Arising Out of PS. Case No.-304 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Amarjeet Kumar S/O Dinesh Patel Resident of Village- Manjhagarh, Nayi
                 Bajar Police Station- Manjharagarh, District- Gopalganj, Bihar.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Rahul Kumar Dubey, Advocate
                                                 Mr.Shashi Ranjan Kumar, Advocate
                 For the State           :       Mr.Shahabuddin Azeem @ S. Azeem, APP
                 For O. P. No.2          :       Mr. Radhesh Kumar Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   29-04-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Opposite Party No.2.

                                  2. The petitioner who apprehends arrest in connection

                   with Complaint Case No. 1024 of 2025 later on registered as

                   Manjhagarh P.S. Case No. 304 of 2025 lodged on 23.08.2025,

                   for the offences punishable under sections 64 and 88 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                  3. It is alleged in the FIR that the petitioner

                   established a physical relationship with Opposite Party No. 2 on

                   the false pretext of marriage. It is further alleged that when

                   Opposite Party No. 2 became pregnant, her pregnancy was

                   terminated at the instance of the petitioner’s family members,

                   and thereafter she was ousted from the petitioner’s house.
Patna High Court CR. MISC. No.7622 of 2026(4) dt.29-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. It is further

          submitted that the petitioner has a clean antecedent. From the

          allegations made in the FIR, it is evident that both the petitioner

          and the complainant were well acquainted with each other and

          had been in a relationship since the year 2020; however, the

          present complaint has been lodged only in the year 2025. It is

          also submitted that from the contents of the FIR as well as the

          statement of the complainant recorded under Section 183 of the

          BNSS, 2023, it clearly transpires that the relationship between

          the parties was consensual.

                       5. Learned counsel appearing for Opposite Party No.

          2 vehemently opposes the prayer for bail and submits that the

          petitioner developed physical relationship with the complainant

          on the pretext of marriage but subsequently refused to marry her

          and is now proceeding to solemnize marriage with another

          woman.

                       6. Learned APP for the State also opposes the prayer

          for bail; however, he fairly submits that, from the allegations, it

          appears that the physical relationship between the petitioner and

          the complainant was consensual.

                       7. In the facts and circumstances, let the above named
            Patna High Court CR. MISC. No.7622 of 2026(4) dt.29-04-2026
                                                        3/3




                      petitioner be released on bail, in the event of arrest or surrender

                      before the Trial Court within a period of four weeks from today,

                      on furnishing bail bond of ₹30000/- (thirty thousand) as

                      mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023 to the satisfaction of the learned CJM, Gopalganj,

                      in connection with the aforementioned               case, subject to the

                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.