Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petition for anticipatory bail, finding no basis to deny bail under the circumstances.
Summary
Sunny Kumar sought anticipatory bail after being named in an FIR alleging that he pretended to marry a woman, had physical relations with her, and later refused to marry her, invoking sections 69, 352, 351(2) and 3(5) of the B.N.S. The petitioner argued that the relationship was consensual, both parties were adults, and no offence such as rape was committed. The State opposed the bail, contending the allegations were specific and serious. The Court examined the facts, noting the consensual nature of the relationship and the petitioner's clean antecedents, and concluded that the allegations did not amount to an involuntary act. Accordingly, the Court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the allegations under sections 69, 352, 351(2) and 3(5).
- Whether the alleged conduct constitutes a criminal offence given the consensual relationship between adults.
Legislation cited
- B.N.S.S. — s. 3(5), 351(2), 352, 482(2), 69
Subjects
- anticipatory bail
- consensual relationship
- rape allegation
- Section 482
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83028 of 2025
Arising Out of PS. Case No.-216 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
Sunny Kumar S/O Vikram Ram Resident of Vill- Sikandrapur, Ward No.-12,
P.S.- Sangrampur, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar , Advocate
Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned senior counsel appearing on behalf of
the petitioner, learned APP appearing on behalf of the State .
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 69, 352,
351 ( 2 ) and 3 (5) of BNS.
3 . As per prosecution case , it is alleged that on the
false pretext of marriage, this petitioner established physical
relations with the informant and later on, refused to solemnize
marriage .
4. It is submitted by learned senior counsel appearing
on behalf of the petitioner that petitioner is quite innocent and
has committed no offence. The entire prosecution case, as set
Patna High Court CR. MISC. No.83028 of 2025(2) dt.05-01-2026
2/3
out in the F.I.R., is out and out false, fabricated and concocted.
As a matter of fact, from bare perusal of the F.I.R. it is apparent
that both parties knew each other since long and with the
passage of time, relationship developed. At the time when the
relationship developed, both of them were major and were fully
aware of the consequences of such a relationship. The
relationship was consensual between two consenting adults and
both of them enjoyed each others company for 6 months. It is
further submitted that only because the relationship could not
continue and failed, the same does not amount to rape. Rest of
the allegations are ornamental in order to make the case grave .
Petitioner claims clean antecedents.
5 . On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that on the false pretext of marriage , this petitioner
established physical relations with the informant and later on ,
refused to solemnize marriage .
6. Considering the rival submissions advanced on
Patna High Court CR. MISC. No.83028 of 2025(2) dt.05-01-2026
3/3
behalf of learned counsel for the parties and the fact that from
bare perusal of the prosecution case it is apparent that at the
time when the relationship developed between the parties, both
of them were major and enjoyed each others’ company for
several months, the same cannot be said to be inducted or
involuntary and clean antecedents of the petitioner, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned District & Additional
Sessions – cum- Exclusive Special Judge , (POCSO ) East
Champaran at Motihari in connection with Sangrampur P.S.
Case No. 216 of 2024 , subject to condition as laid down under
Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…