Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs. 10,000 with two sureties.
Summary
Suraj Kumar was arrested in connection with a case registered under Sections 66 and 3(5) of the B.N.S., 2023, alleging that he lured an informant into a physical relationship by falsely promising marriage, detained her for two days, and later demanded a sum of Rs. 5 lakhs. The petitioner pleaded innocence, claiming the relationship was consensual and the complaint was filed after a delay of over a month. The informant’s counsel argued that the petitioner deliberately misled her and should not be released on bail. After hearing both sides, the Court considered the delay in filing the FIR, the petitioner’s lack of prior criminal record, and the circumstances of the alleged offence. The Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Bhagalpur.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Sections 66 and 3(5) of the B.N.S., 2023 given the alleged facts?
- Does the delay in filing the FIR and the petitioner’s clean record justify bail?
Legislation cited
- B.N.S., 2023 — s. 3(5), 66
Subjects
- bail
- false promise of marriage
- physical relationship
- B.N.S. 2023
- criminal procedure
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.787 of 2026
Arising Out of PS. Case No.-38 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
Suraj Kumar Son of Chamak Lal Mandal Resident of Village- Masudanpur,
P.S.- Amdanda, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 Heard Mr. Raghwendra Pratap Singh, learned counsel
for the petitioner and Mr. Raj Kishor Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Sabour P.S. Case No. 38 of 2025 registered for the offence
punishable under Sections 66, 3(5) of the B.N.S., 2023.
3. The case of the prosecution is that the elder sister of
the informant is married to one Vijay Mandal, a resident of
Masudanpur, District Bhagalpur. During a visit to the
matrimonial home of her elder sister, the informant came into
contact with the petitioner. They exchanged mobile numbers and
started communicating with each other. The petitioner allegedly
promised to marry the informant and, on the basis of such
promise, established a physical relationship with her. It is
Patna High Court CR. MISC. No.787 of 2026(2) dt.29-01-2026
2/3
further alleged that on 20.12.2024, the petitioner took the
informant to his house on the false promise of marriage, where
he kept her for two days and again established a physical
relationship with her on the false promise of marriage. It is
further alleged that the parents of the petitioner demanded Rs. 5
lakhs and ousted the informant from their house, after assaulting
her.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that it is a case
where the petitioner and the informant entered into a
relationship which has been given the color of establishing
physical relationship on the false promise of marriage. On the
breakup of the relationship, this case has been filed. He further
submits that the last day of the occurrence is 20.12.2024,
it is not disclosed in the FIR as to when this relationship started,
but the FIR was lodged on 28.01.2025 after more than one
month. There is no explanation for this delay. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 14.09.2025.
Patna High Court CR. MISC. No.787 of 2026(2) dt.29-01-2026
3/3
5. As against this, the application for bail is
vehemently opposed by the learned counsel for the informant
and the learned APP for the State. Learned counsel for the
informant submits that the petitioner has established physical
relationship on the false promise of marriage and is now not
ready to marry the informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bhagalpur in connection with Sabour P.S.
Case No. 38 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…