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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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