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Patna High Court

Girdhari KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioner, Girdhari Kumar, was charged under several sections of the B.N.S., 2023 for allegedly promising to marry a 19‑year‑old woman and engaging in a physical relationship, which the victim later denied under a statement recorded under Section 183 BNSS, stating only a promise of marriage. The petitioner applied for bail, claiming innocence, lack of prior criminal record, and that he had not previously sought anticipatory or regular bail. The State opposed the bail application. The Court examined the victim’s statement, noted the absence of any allegation of physical relationship, and considered the petitioner’s clean record. Consequently, the Court allowed the bail petition, directing the petitioner to surrender within eight weeks and furnish bail bonds of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order also provided for cancellation of bail if criminal antecedents or false statements were later discovered.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under Sections 126(2),115,352,351(2),303(2),69,74 and 3(5) of the B.N.S., 2023.
  • Whether the victim’s statement under Section 183 BNSS, which does not allege a physical relationship, affects the bail decision.

Legislation cited

  • B.N.S. — s. 115, 126(2), 303(2), 3(5), 351(2), 352, 69, 74
  • B.N.S.S. — s. 482(2)
  • BNSS — s. 183

Subjects

  • bail
  • false promise to marry
  • Section 183
  • Section 482
  • B.N.S. 2023
  • criminal antecedents
  • victim statement
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76920 of 2025
                  Arising Out of PS. Case No.-50 Year-2025 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Girdhari Kumar S/o Prem Sharma R/o Village- Begampur Bara, P.S-
                 Khodawanpur, Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Saroj Kumar Sharma, Advocate
                                                 Mr. Sunny Kumar, Advocate
                                                 Ms. Smiriti Kumari, Advocate
                 For the State           :       Mr. Brajendra Nath Pandey, Advocate
                 For the Informant       :       Mr. Rananjay Kumar, Advocate
                                                 Mr. Sumit Kumar Gupta, Advocate
                                                 Mrs. Chhateshwari Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Khodawanpur P.S. Case No. 50 of 2025,

                   dated 20.06.2025, registered for the offences punishable under

                   Sections 126(2), 115, 352, 351(2), 303(2), 69, 74 and 3(5) of

                   B.N.S., 2023.

                                 3. As per allegation, lodged by the victim herself, she

                   is 19 years old and on false promise to marry, the petitioner

                   indulged into physical relationship with her, but now he is

                   refusing to marry her.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.76920 of 2025(3) dt.24-02-2026
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          Petitioner is innocent and has falsely been implicated in this

          case. He further refers to the statement of the alleged victim as

          made under Section 183 BNSS in which she has not made any

          allegation that there was any physical relationship between the

          petitioner and the informant and only allegation is that the

          petitioner had promised to marry the informant.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the statement of the alleged victim as

          recorded under Section 183 BNSS in which there is no

          allegation of any physical relationship, this petition is allowed,

          directing the petitioner, above-named, to be enlarged on bail, in

          the event of his arrest or surrender before the court below within

          a period of eight weeks from the date of receipt / production of a

          copy of this order, on his furnishing bail bonds in the sum of Rs.

          10,000 /- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned concerned Court below, in
               Patna High Court CR. MISC. No.76920 of 2025(3) dt.24-02-2026
                                                           3/3




                         connection with Khodawanpur P.S. Case No. 50 of 2025,

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

                         the B.N.S.S 2023, and on the following conditions:

                                      (i) In case, it is brought to the notice of the court

                         below that the petitioner has any criminal antecedents, learned

                         court below shall cancel the bail bonds of the petitioner after

                         hearing him and getting satisfied that the petitioner has

                         concealed his criminal antecedents despite his knowledge of the

                         same.

                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.



                                                                       (Jitendra Kumar, J)
shoaib/-

U          T


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