Patna High Court

Bipul Kumar @ Harsh KumarversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The provisional bail granted to the petitioner on 03‑12‑2025 stands confirmed.

Summary

The petitioner, Bipul Kumar, was charged under Sections 108, 69, 308(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita for an alleged consensual relationship that involved a dowry demand, threats of suicide and an attempted suicide by the informant, Surbhi Kumari. The informant filed an FIR on 28‑08‑2025, and the petitioner was taken into custody on 29‑08‑2025. A provisional bail was granted to the petitioner on 03‑12‑2025. The informant later withdrew her willingness to marry, but no fresh affidavit was filed. The petitioner’s counsel argued that the relationship was consensual between adults and that the provisional bail should stand. The court examined the allegations and, finding no reason to disturb the earlier order, confirmed the provisional bail and disposed of the petition.

Issues considered

Whether the provisional bail granted to the petitioner should be confirmed despite the allegations of dowry demand and suicide threat
Whether the facts alleged constitute offences under the cited sections warranting denial of bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 108, 308(2), 351(2), 351(3), 352, 69

Subjects

bail
consensual relationship
dowry demand
suicide threat
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81808 of 2025
                      Arising Out of PS. Case No.-415 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Bipul Kumar @ Harsh Kumar S/O Sunil Kr Singh R/O Vill.- Karmakila, P.S-
                 Barun Dist Aurangabad
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ravindra Kumar Shukla, Advocate
                 For the State           :        Mr. Ashok Kumar Singh, APP
                 For the Informant       :        Mr. Shivam Gupta, Advocate
                                         :        Mr. Tarun, Advocate
                                         :        Mr. Animesh Gupta, Advocate
                                         :        Mr. Saket Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   18-03-2026                     Heard Mr. Ravindra Kumar Shukla, learned counsel

                   for the petitioner and Mr. Ashok Kumar Singh, learned APP as

                   also Mr. Tarun, learned counsel representing the informant.

                                 2. The petitioner is an accused in connection with

                   Barun P.S. Case No. 415 of 2025 for the offence punishable

                   under Sections 108, 69, 308(2), 352, 351(2) and 351(3) of

                   Bharatiya Nyaya Sanhita, lodged on 28.08.2025 by the

                   informant Surbhi Kumari.

                                 3. As per the prosecution story, the informant alleged

                   that she called the petitioner to 'Assi Ghat' Varanasi to inform

                   that the parents have came to know about the relationship, there

                   they remained in a hotel room and had relationship. The

                   petitioner always assured of marriage but later wanted dowry

                   and also threatened that he will commit suicide. The girl being

                   aggrieved, tried to commit suicide but the family brought her to
            Patna High Court CR. MISC. No.81808 of 2025(3) dt.18-03-2026
                                                        2/2




                      Barun Health Center on 28.08.2025 for treatment which

                      followed the F.I.R..

                                   4. The allegation is there against the petitioner,

                      however, in view of the fact that he showed remorse and further

                      wanted to tie nuptial knots, as the informant had put in her

                      appearance, also considering that both are major and the

                      relationship was consensual as also the petitioner was in custody

                      since 29.08.2025, provisional bail was granted to him on

                      03.08.2025.

                                   5. Today, on call, learned counsel for the informant

                      submits though the affidavit could not be filed in the matter, it is

                      instruction of the informant is that she having been traumatized

                      earlier, is not ready to tie nuptial knots.

                                   6. The allegation is there, the petitioner will face the

                      music, as submitted, it was a consensual relationship between

                      two adults, in that background, the provisional bail granted to

                      the petitioner on 03.12.2025 stands confirmed.

                                   7. The petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U      T

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