Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, holding that the case involved a consensual sexual relationship between adults and bail under Section 438(2) CrPC and Section 482 BNSS was appropriate.
Summary
Manish Kumar filed a bail application fearing arrest in a case (Teghra P.S. Case No. 186 of 2025) alleging offences under Sections 126(2), 115(2), 352, 351(2), 3(5) and 69 of the BNS. The prosecution alleged that Kumar, a neighbour of the informant, had a physical relationship with her and threatened to make her photos and videos viral. Kumar contended he was falsely implicated, asserting that the relationship was consensual between two adults and that the informant was a major. The Court examined the nature of the allegations and concluded that the matter pertained to a consensual sexual relationship, not a non‑consensual offence, and therefore bail was appropriate. Accordingly, the Court ordered his release on bail of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the alleged offences under the BNS.
- Whether the allegations constitute a non‑cognizable offence or a consensual adult relationship, thereby affecting bail eligibility.
Legislation cited
- BNS — s. 115, 126, 3, 351, 352, 69
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- bail
- Section 438 CrPC
- Section 482 BNSS
- consensual adult relationship
- sexual relationship
- threat to publish intimate images
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89059 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Manish Kumar Son of Rajesh Lal Mahto Resident of Village - Barauni - 02,
Ward No. - 03, P.S. - Teghra, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Kumar Singh
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Teghra P.S. Case No. 186 of 2025 registered
for the offence under Sections 126(2), 115(2), 352, 351(2), 3(5),
69 of the BNS.
3. As per the prosecution case, the petitioner, who
is the neighbour of the informant, has made physical
relationship with the informant and has threatened to make viral
the photo and video of the informant.
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. He further submits that the
informant is a major and it appears that she was in a relationship
Patna High Court CR. MISC. No.89059 of 2025(3) dt.23-02-2026
2/2
with the petitioner and subsequently, after making sexual
relation with her, denied to marry the informant.
5. Considering the fact that this is a case of sexual
relationship between two consenting adults, this application is
allowed.
6. 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 Chief Judicial
Magistrate, Begusarai/concerned Court below in connection
with Teghra P.S. Case No. 186 of 2025, 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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