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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the consensual relationship between two adults does not amount to a criminal offence and therefore granted bail.

Summary

The petitioner, Abhishek Kumar, sought bail in a criminal case registered under sections 69 of the BNS and sections 3 and 4 of the D.P. Act, alleging that the prosecution’s case was based on a false promise to marry and subsequent dowry demands. The prosecution alleged that the petitioner had entered into a physical relationship with the informant, promised marriage, and later refused to marry, thereby committing an offence. The petitioner contended that both parties were adults, the relationship was consensual, and no coercion, false promise, or threat was involved, characterising the matter as a voluntary love affair. The State opposed bail, maintaining that the allegations, if proven, would constitute a criminal offence. The Court examined the facts, noted that the informant was a major and fully aware of the relationship, and concluded that the conduct did not amount to a criminal offence under the cited statutes. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS 2023.

Issues considered

  • Whether the alleged promise to marry and dowry demand constitute an offence under section 69 of the BNS and sections 3/4 of the D.P. Act.
  • Whether bail should be granted to the petitioner pending trial.

Legislation cited

Subjects

  • bail
  • promise to marry
  • dowry
  • consensual relationship
  • criminal law
  • section 69 BNS
  • section 3 D.P. Act
  • section 4 D.P. Act
  • section 482(2) BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.823 of 2026
                      Arising Out of PS. Case No.-93 Year-2025 Thana- PARSAUNI District- Sitamarhi
                 ======================================================
                 Abhishek Kumar S/O Madan Ram R/O village- Buniyadi Tola, ward no. -9,
                 P.S.- Riga, Dist. - Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Alka Kumari D/O Ram Vishwas Ram R/O village- Muraul, ward no.- 1,
                 P.S.- Parsauni, Dist. - Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar , Advocate
                 For the Opposite Party/s :        Mr. Shaheen Begum , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                       Heard learned counsel for the petitioner, informant

                   and the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 69 of BNS and 3/ 4 of

                   the D. P Act.

                                3 . The prosecution case , in brief, is that informant

                   was in longstanding relationship with the petitioner, who

                   allegedly promised to marry her. Based on the said promise,

                   the informant entered into physical relationship with the

                   petitioner. Relationship lasted for one year and thereafter,

                   petitioner and other accused persons started demanding dowry

                   and later on this petitioner refused to marry her.
Patna High Court CR. MISC. No.823 of 2026(2) dt.21-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          prosecution case set out in the F.I.R. is false and concocted. The

          informant was major and was conscious of all consequences of

          intimate relationship which continued for one year. The act of

          repeated intimacy and sexual relationship was totally consensual

          in nature and was not established under any false promise ,

          threat or coercion . He further submits that it is a case of long

          voluntary love affair between two consenting adults which had

          been given a colour of forcibly sexual intercourse with oblique

          purpose and motive . Petitioner claims clean antecedent.

                       5 . Learned counsel for the State and informant

          opposed the bail petition of the petitioner.

                        6. Considering the fact that both the parties were

          major when the relationship developed between them and

          informant was well aware of such relationship and its

          consequences and as such, the same will not amount to any

          criminal offence , in the event of arrest or surrender within eight

          weeks from today, let the petitioner, as named above , 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 the learned SDJM Sadar Sitamarhi in connection

          with     Parsauni      P.S. case No. 93 of 2025 , subject to the
            Patna High Court CR. MISC. No.823 of 2026(2) dt.21-01-2026
                                                        3/3




                      conditions laid down under section 482 ( 2 ) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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