Patna High Court
Bipin RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Bipin Ravidas, sought bail in a case registered under Section 69 of the Bhartiya Nyaya Sanhita concerning allegations of taking a loan and promising marriage to the informant, Dauli Kumari, but later refusing and threatening her. The prosecution alleged that the petitioner misused a personal relationship to obtain money and threatened the informant. The petitioner argued that he was falsely implicated, that the dispute was a love affair, and that a compromise had been reached with a mutual agreement to marry, rendering the case moot. The State opposed bail but expressed no objection to it if the petitioner agreed to marry. The High Court, after considering the compromise and the circumstances, ordered the petitioner’s release on bail with a cash bond of Rs. 10,000 and two sureties, imposing conditions including presence in court, verification of criminal antecedents, and cancellation upon breach.
Issues considered
- Whether bail should be granted in a case under Section 69 of the Bhartiya Nyaya Sanhita given the alleged loan and marriage promise dispute.
- Whether the compromise and agreement to marry between the parties affect the grant of bail.
- Whether verification of the petitioner’s criminal antecedent is a condition for bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 69
Subjects
- bail
- Section 69
- Bhartiya Nyaya Sanhita
- criminal law
- marriage promise
- compromise
- loan dispute
- threat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83828 of 2025
Arising Out of PS. Case No.-348 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Bipin Ravidas Son of Vijay Ravidas Village -Dumarkol PS -Rajauli District-
Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dauli Kumari Daughter of Umesh Kumar Resident Of Village -Ward no. 14,
Arariya, Ps- Kanhauli, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
For the Informant : Mr. Nawal Kishore Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner, the learned
counsel for the informant and the learned APP for the State.
2. The petitioner seeks bail in connection with
Akbarpur P.S. Case No. 348 of 2025 dated 21.07.2025
registered for the offences punishable under Sections 69 of the
Bhartiya Nyaya Sanhita.
3. As per the prosecution case, the informant has
alleged that the owner of the R.S. Restaurant namely Md. Saif
had brought her to work as a waiter in his restaurant. She was
even promoted to the post of cashier and during her service she
became friend with Bipin Ravidas (the petitioner). It has been
alleged that on account of their friendship the petitioner had
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taken a loan of Rs. 50,000/- and also assured to marry with her
however subsequently he refused to marry and even threatened
her of dire consequences.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and it is a case of love
affair and on account of the petitioner not adhering to her
regular demand he has falsely been implicated in the present
case. It is further submitted that there was a relationship
between the petitioner and the informant and there was no
promise on the side of the petitioner for any marriage and only
to coerce the petitioner the present case has been filed. It has
next been submitted that during the pendency of this application
the petitioner and the informant has compromised and a petition
dated 10.10.2025 has been filed before the learned trial court
and the same has been brought on record by way of Annexure-
P-2. It is next submitted that in terms of the compromise the
parties are ready to marry and, therefore, no dispute remains as
of now.
5. Learned APP for the State and the learned counsel
for the informant has vehemently opposed the prayer for bail of
the petitioner and has stated that since the petitioner has agreed
to marry the O.P. No. 2, he does not have any objection to bail
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being granted to the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate - 1st Class, Nawada in connection
with Akbarpur P.S. Case No. 348 of 2025 subject to the
following conditions:
(i) One of the bailors will be a close relative of the
petitioner:
(ii) the petitioner will remain present on each and
every date fixed by the trial court, if so required by the learned
trial court:
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the court concerned:
(iv) the court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
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same on in the name of verification;
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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