Patna High Court
Hira Kumar Sah @ Hira SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted subject to bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Hira Kumar Sah petitioned for anticipatory bail after a FIR was lodged under Sections 126(2), 115(2), 64(1) and 3(5) of the Bharatiya Nyaya Sanhita alleging false promise of marriage and related offences. The victim’s statement recorded under Section 183 BNSS did not allege a physical relationship, and the petitioner claimed the case was fabricated to coerce marriage. The police obtained a non‑bailable warrant and later sought process under Section 84 BNSS without recording reasons, which the petitioner challenged. The State opposed the bail but could not rebut the petitioner’s contention that the allegations did not justify immediate arrest. The Court, applying Section 482(2) BNSS, granted anticipatory bail on the condition of a Rs 10,000 bond and two sureties, subject to the usual conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) BNSS in view of the allegations under Sections 126(2), 115(2), 64(1) and 3(5) BNSS.
- Whether the victim’s statement under Section 183 BNSS and the alleged consensual relationship negate the necessity of a non‑bailable warrant.
- Whether the process issued under Section 84 BNSS without recorded reasons is valid for arrest.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 183, 3(5), 482(2), 64(1), 84
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 84 BNSS
- Section 183 BNSS
- non‑bailable warrant
- false promise of marriage
- consensual relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82566 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- BENIPATTI District- Madhubani
======================================================
Hira Kumar Sah @ Hira Sah Son of Lal Babu Sah Resident of Village-
Bharatpur, P.S.- Benipatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah. Adv
Ms. Archna Aanand, Adv
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, Adv
Mr. Saroj Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 03-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 64(1), and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and the informant
alleges that in a coaching institute, she met petitioner and
became friends and petitioner promised to marry her and used to
talk to her from his mobile on her mobile, hence relationship
developed in two years and they established physical relation,
further on 25-4-2025 petitioner told her that he will marry her in
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a temple, accordingly she came to the temple and kept waiting
but petitioner did not turn up, accordingly she went to the house
of the petitioner, where the accused persons assaulted, abused
and ousted her.
4. Learned counsel for the petitioners submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that
informant apart from implicating the petitioner even implicated
his family members. It is further submitted that family members
were implicated only with a view to coerce the petitioner into
submission so that he marries the informant. It is also submitted
that from perusal of the allegations as alleged in the FIR, it
would manifest that the relationship in between the petitioner
and the informant was consensual and when the same soured,
the present false case came to be instituted. It is next submitted
that statement of the victim was recorded under Section 183
BNSS, wherein she has not even remotely suggested that
petitioner established physical relation rather has stated that she
was known to the petitioner and petitioner called her to a temple
for marrying, but when she went to the temple, the petitioner
was found missing and if petitioner marries her, in that event,
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she will compromise the case. Learned counsel thus submits that
in view of the statement of the victim recorded under Section
183 BNSS, it would manifest that the victim was only interested
in coercing the petitioner into submission for the purposes of
marrying. It is also submitted that the date of occurrence is 25-
4-2025 and within a very short span of time the police filed an
application before the learned trial court seeking non-bailable
warrant of arrest on the ground that petitioner is absconding,
accordingly the learned Magistrate issued non-bailable warrant
of arrest by an order dated 31-10-2025, thereafter the
Investigating Officer again filed an application dated 20-12-
2025 seeking process under Section 84 BNSS and the same was
also allowed by an order dated 20-12-2025 passed by the
learned Magistrate, but then it is submitted that from perusal of
the counter-affidavit, it manifests that police had sought process
under Section 84 BNSS by its application dated 20-12-2025 and
the order of the learned Magistrate dated 20-12-2025 recorded
about issuance of a non-bailable warrant of arrest, but the said
order was subsequently rectified by an order dated 18-3-2026.
It is next submitted that it absolutely does not stand to reason
that when victim in her statement recorded under Section 183
BNSS had not even remotely suggested that petitioner had
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established physical relation on false promise of marriage then
why the police was in a hurry to arrest the petitioner. It is further
submitted that the learned Magistrate also in a mechanical
manner without recording reason in terms of Section 84 BNSS
issued process under Section 84 BNSS. It is submitted that date
of birth of the victim is 7-6-2006 and the FIR came to be
instituted in the year 2025, as such the victim on the date when
the FIR was instituted was about 19 years of age, but then the
doctor has assessed her age in between 16-17 years. It is also
submitted that her mark-sheet of Bihar School Examination
Board records the date of birth as recorded hereinabove and the
same will prevail. It is next submitted that no doubt process
under Section 84 BNSS has been issued but then whether it
would be prudent for the court to send the petitioner to jail in
nature of the allegation as alleged in the FIR and the statement
of the victim recorded under Section 183 BNSS. It is further
submitted that the learned Magistrate in mechanical manner
issues process under Section 84 BNSS without recording
reasons.
5. Learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner, but then are not in a position
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to rebut the submission of the learned counsel appearing on
behalf of the petitioner that victim in her statement recorded
under Section 183 BNSS has not even remotely suggested that
petitioner on false promise of marriage established physical
relation rather has stated that if petitioner will marry her she will
compromise the case.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Benipatti P.S.
Case No. 107 of 2025, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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