Patna High Court
Chandan Kumar @ Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
The petitioner, Chandan Kumar, was accused under Section 81 of the Bharatiya Nyaya Sanhita for allegedly establishing a physical relationship under the pretext of marriage and then refusing to marry. He contended that the FIR was false, the relationship was consensual, and the informant was an adult aware of the consequences. The State opposed the bail application. The court, noting the petitioner’s clean antecedent and the nature of the accusation, granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 81
Subjects
- anticipatory bail
- false FIR
- consensual relationship
- Section 81
- Section 482
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8524 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Chandan Kumar @ Chandan Kumar Singh S/O Nandjee Singh R/O Village
and Post- Jamua, P.S- Karkat, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 81 of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., informant alleged that this petitioner
established physical relation with the informant on pretext of
marriage 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 major when the relationship developed between
the parties and was fully aware of the consequences of such
relationship which continued for about four years. He further
submits that acts of repeated intimacy and sexual relationship
was consensual in nature and was not established under any
Patna High Court CR. MISC. No.8524 of 2026(2) dt.23-02-2026
2/2
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 consenting adults which
has been given a colour of forcible sexual intercourse with
oblique purpose and motive. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering 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 Judicial Magistrate, 1st Class,
Bikramganj, Rohtas in connection with Suryapura P. S. Case
No. 357 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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