Patna High Court
Purushotam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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
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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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