Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny bail despite the charges.
Summary
The petitioner, Kunal Kumar, was arrested on charges of cheating, false promise of marriage, and related offences under Sections 318(4), 316(2), 69, 115(2), 352 and 351(2). The prosecution alleged that he had a year‑long physical relationship with the informant, extracted Rs.1,00,000 on the pretext of marriage and later refused to marry her. The petitioner contended that the relationship was consensual, that the allegations were false, and that no statement was recorded under Section 183 of the BNSS, rendering the cheating charge untenable. The State opposed bail, arguing the offences were established. Considering the petitioner’s clean antecedent, the fact that both parties are adults, the informant’s own statements, and the petitioner’s prolonged custody since September 2025, the court ordered bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be implemented by the concerned lower court.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged cheating, false promise of marriage and related offences under the IPC and BNSS.
- Whether the absence of a statement under Section 183 of the BNSS negates the charge of cheating under Section 69 of the BNSS.
Legislation cited
- Indian Penal Code — s. 115(2), 316(2), 318(4), 351(2), 352
Subjects
- bail
- cheating
- false promise of marriage
- IPC
- BNSS
- adult consent
- investigation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79960 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Kunal Kumar S/o Lalan Kumar Singh R/o Village- ward no 48, Brahmasthani
Gali, Kurthaul, PS- Sri Krishna Puri, Distt.- Patna, at present R/o vill - ACC
ward no. 48, Brahmasthani Gali, Gopalchak, Kurthaul, P.s.- Parsa Bazar,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mrs. Swati Parmar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned senior counsel for the petitioner,
learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in a case registered forthe
offence punishable under Sections 318(4), 316(2), 69, 115(2),
352, 351(2).
3. As per the prosecution case, petitioner on false
promise of marriage established physical relationship with the
informant for the last one year and also took Rs. 1,00,000/- from
her and later he refused to marry with her.
4. Learned counsel for the petitioner submitted that
the petitioner has been saddled with false allegations and as a
matter of fact, the petitioner and the informant who are both
Patna High Court CR. MISC. No.79960 of 2025(4) dt.19-02-2026
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adults were engaged in a love relationship with full consent of
both the parties. It is further submitted that the relationship
between the petitioner and the informant could somehow not
materialize and as such this false allegation of establishing
relationship on false pretext of marriage has been levelled. It is
further submitted that a false promise would be different from a
breach of promise on account of different reasons. Further,
during course of investigation it would appear that the informant
has even refused her medical examination and with regard to
physical relationship, she herself has accepted that the petitioner
use to come to her house of which she had photographs.
However, during course of investigation, no statement has been
recorded u/s 183 of BNSS and on such ground it has been
submitted that no offence of cheating or section 69 of the BNSS
is made out against the petitioner.
5. Learned APP for the State and learned counsel for
the informant vehemently however opposed the grant of bail on
the ground that the petitioner has committed the said offence.
6. Taking into consideration the facts and
circumstances and also considering the fact that admittedly both
the petitioner and the informant are adults and the informant has
rather stated her age to be 26 years and considering the
Patna High Court CR. MISC. No.79960 of 2025(4) dt.19-02-2026
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possibility of the relationship between them not materializing
on account of several other reasons, coupled with the fact that
the petitioner has remained in custody since 11.09.2025 and
charge-sheet has already been submitted, let the above named
petitioner having clean antecedent, 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., Patna/concerned Court below in
connection with S. K. Pursi P.S. Case No. 166 of 2025.
(Soni Shrivastava, J)
Ranjeet/-
U T
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