Patna High Court
Abhay Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that despite the serious nature of the allegations, the petitioner’s clean antecedent and the consensual nature of the relationship warranted the grant of anticipatory bail, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Abhay Bhushan Singh, sought anticipatory bail after an FIR alleged that he had entered into a physical relationship with the informant under a false promise of marriage and subsequently refused to marry, invoking sections 64(1), 83, 115(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita. The petitioner contended that the relationship was consensual, lasted over five years, and the FIR was fabricated, emphasizing his clean antecedent. The informant opposed the bail, maintaining the seriousness of the allegations. The court examined the nature of the accusations, the petitioner’s background, and the principle of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding that the allegations did not demonstrate coercion or involuntary act and considering the petitioner’s clean record, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions. The order directed that the bail be enlarged upon surrender within eight weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under sections 64(1), 83, 115(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita.
- Whether the alleged facts constitute a false or fabricated case given the claim of a consensual relationship.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 351(2), 351(3), 352, 64(1), 83
Subjects
- anticipatory bail
- sexual offences
- consent
- false promise
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81934 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Abhay Bhushan Singh S/o Barun Kumar Singh Resident of Village-Mahathi,
PS- Bibhulipur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
For the Informant : Mr. Pramod Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 13-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 64(1), 83, 115(2), 352,
351(2), 351(3) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., informant alleged that on pretext
promise of marriage, this petitioner established physical relation
with her and thereafter, refused to marry.
4. Learned counsel for the petitioner submits that
entire case as set out in the F.I.R. is false and concocted.
Informant was fully aware of the consequences of such
relationship which continued for more than five years. He
further submits that acts of repeated intimacy and sexual
Patna High Court CR. MISC. No.81934 of 2025(5) dt.13-03-2026
2/2
relationship was consensual in nature and was not established
under any false promise, threat or coercion and such, the same
cannot be said to be induced or involuntary. As a matter of fact,
it is a case of prolonged love affair between two parties which
has been given a colour of forcible sexual intercourse with
oblique purpose and motive. Petitioner claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Rosera, Samastipur in connection with Vibhutipur P.
S. Case No. 333 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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