Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail, directing the petitioner’s release on bail bond with conditions.
Summary
Vivek Kumar filed an application fearing arrest in Complaint No. 855 of 2024, which alleged he had a physical relationship with Simran Kumari under various sections of the BNS. The prosecution claimed he misused a pretext of marriage, while the petitioner asserted his innocence and that he was falsely implicated. The court examined the complaint and noted that the parties were in a relationship that later soured, leading to the filing of the case. Considering these facts, the court allowed the petitioner's application for anticipatory bail. The petitioner was ordered to be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations in the complaint.
- Whether the allegations constitute a cognizable offence warranting immediate arrest.
Legislation cited
- Bihar Negotiable Sale (BNSS) — s. 115(2), 126, 3(5), 61(2), 64, 74, 88, 89
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- BNS offences
- false implication
- relationship dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87981 of 2025
Arising Out of PS. Case No.-855 Year-2024 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Vivek Kumar S/O Pappu Singh R/O Vill.- Sawaiya, P.S.- Warisaliganj, Dist.-
Nawada
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Simran Kumari D/O Suchit Ram R/O Vill.- Shyamdev, P.S.- Dhamaul, Dist.-
Nawada. At Present R/O Kanhai Nagar, P.S.- Nagar, Dist.- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
Mr. Pramod Kumar Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-06-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 855 of 2024 registered for
the offence under Sections 88, 89, 115(2), 74, 64, 61(2), 3(5) of
the BNS but cognizance has been taken under Sections 74,
115(2) and 126 of the BNS.
3. As per the prosecution case, the petitioner is
alleged to have established physical relationship with the
opposite party no. 02 on the pretext of marriage.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
Patna High Court CR. MISC. No.87981 of 2025(5) dt.18-06-2026
2/2
5. From the reading of the Complaint, it appears
that both the parties were in relationship and when the
relationship turned sour, this case has been filed against the
petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released 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 concerned
Court below in connection with Complaint Case No. 855 of
2024, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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