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Patna High Court

Purushotam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Purushotam Kumar, was charged under several sections of the B.N.S. for allegedly deceiving a woman by promising marriage, cohabiting with her, and withdrawing Rs.30,000 from her account. The prosecution alleged a false promise of marriage and a physical relationship, while the petitioner contended that both parties were consenting adults and that the alleged abortions were unsubstantiated. The State opposed bail, citing the victim’s statement under section 183 of the B.N.S. The court considered the lack of criminal antecedent, the fact that the charge‑sheet had been filed, and the consensual nature of the relationship. Weighing these factors, the court ordered bail on a bond of Rs.10,000 with two sureties. The petitioner was thus released pending trial.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations of false promise of marriage and financial fraud
  • Whether the consensual adult relationship negates the seriousness of the offences charged

Legislation cited

  • B.N.S. — s. 115(2), 126(2), 303(2), 3(4), 351(2), 352, 69

Subjects

  • bail
  • false promise of marriage
  • adult consensual relationship
  • withdrawal of money
  • B.N.S. sections 126,115,303,69,352,351,3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79686 of 2025
                       Arising Out of PS. Case No.-26 Year-2025 Thana- MAHILA PS District- Gaya
                 ======================================================
                 Purushotam Kumar son of Doman Mahto @ Doman Prasad Village
                 -Pachrukhi P.S.-Khizersarai District -Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Malti Kumari Daughter of Umesh Prasad Singh Resident Of Village- Daya
                 Bigha, Ps- Makhdumpur, dist- Jehanabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prithivi Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 126(2), 115(2), 303(2), 69,

                   352, 351(2), 3(4) of the B.N.S.

                                3. As per the prosecution case, petitioner on false

                   promise of marriage started living with the informant as

                   husband and wife. They lived together from year 2021 to April,

                   2025 and thereafter family members of the petitioner came at

                   their residence and took him away. Petitioner had also

                   withdrawn Rs. 30,000/- from the account of the informant.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.79686 of 2025(4) dt.19-02-2026
                                            2/3




          admittedly both the petitioner and the informant were adults at

          the time of occurrence and on account of their free will and

          consent they started having a relationship and living together.

          The allegation made by the informant/victim of twice getting

          abortion done is not substantiated by any documentary

          evidence. It is only on account of certain inevitable reasons that

          the relationship could not continue and such breakup has

          resulted in the informant trying to damage the reputation of the

          petitioner who never entered into any relationship by giving

          false promise of marriage. The petitioner is in custody since

          12.06.2025.

                       5. Learned APP for the State however opposes the

          grant of bail on the ground that the informant/victim has

          supported the case of prosecution in her statement recorded u/s

          183 of BNSS by stating that the petitioner had made physical

          relationship with her since 2021 on the false promise of

          marriage.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering the possibility of the

          relationship between the petitioner and the informant who are

          both adults not having materialized on account of several

          reasons, coupled with the fact that the petitioner having no
            Patna High Court CR. MISC. No.79686 of 2025(4) dt.19-02-2026
                                                        3/3




                      criminal antecedent and he is in custody since 12.06.2025 and

                      charge-sheet has already been submitted, let the above named

                      petitioner, be released on bail on furnishing bail bond of Rs.

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

                      amount each to the satisfaction of the court of learned S.D.J.M.,

                      Gaya /concerned Court below in connection with Mahila Thana

                      P.S. Case No. 26 of 2025.


                                                        (Soni Shrivastava, J)

Ranjeet/-

U      T


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