Patna High Court
Ratan Sharma @ Ratan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, granting regular bail on condition of a bond and sureties.
Summary
The petitioner, Ratan Sharma, sought regular bail in a case registered under sections 69, 81, 115(2), 352, 351(2)(3) and 3(5) of the B.N.S., alleging that he was falsely implicated in a dispute arising from a consensual relationship that later involved a false promise of marriage. The prosecution contended that the petitioner deliberately misled the informant by promising marriage and repeatedly engaged in physical relations, thereby constituting the offences. The petitioner argued that the relationship was consensual, that there was no false promise initially, that the parties were within a prohibited degree of marriage, and that he had a clean criminal record, having been in custody since 31‑10‑2025. The State opposed bail, emphasizing the alleged deception and the seriousness of the charges. The court, after considering the submissions and the fact that the parties were within a prohibited degree of marriage, ordered that bail be granted on a bond of Rs.10,000 with two sureties, thereby allowing the application.
Issues considered
- Whether regular bail should be granted in a case involving offences under sections 69, 81, 115(2), 352, 351(2)(3) and 3(5) of the B.N.S.
- Whether the alleged false promise of marriage and the prohibited degree of marriage relationship justify denial of bail
- Whether the petitioner’s clean antecedent and period of custody affect the bail decision
Legislation cited
- B.N.S. — s. 115(2), 3(5), 351(2)(3), 352, 69, 81
Subjects
- regular bail
- false promise of marriage
- prohibited degree of marriage
- criminal antecedent
- B.N.S. sections
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89320 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- MAHILA P.S. District- Banka
======================================================
Ratan Sharma @ Ratan Kumar S/O Anirudh Sharma Resident of Village -
Sahebganj Backpar, PS Belhar, District Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitione and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Banka Mahila P.S. Case
No. 44 of 2025 registered for the offences punishable u/s 69, 81,
115(2), 352, 351(2)(3) and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner and the
informant developed intimacy and thereafter physical
relationship was established between them. When the petitioner
returned to Mumbai, he re-affirmed his promise of marriage and
engaged in physical relationship with the informant several
times.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.89320 of 2025(3) dt.19-03-2026
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that the petitioner is innocent and has falsely been implicated in
this case. It is further submitted that there is no allegation that
the physical relationship was initially established under the
pretext of false promise of marriage rather the physical relation
was consensually established by both the parties first, thereafter,
a promise of marriage was made. However, the relationship
between the parties are within the prohibited degree of marriage
and, hence, the marriage cannot be solemnized between them. It
is also submitted that the petitioner has clean criminal
antecedent and is in custody since 31.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submitted that the
petitioner established the physical relationship with the
informant on false pretext of marriage several times.
6. Considering the aforesaid submissions of the
parties and also considering the fact that the relationship
between the parties falls within the prohibited degree of
marriage, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Banka, in connection with Banka
Mahila P.S. Case No. 44 of 2025.
Patna High Court CR. MISC. No.89320 of 2025(3) dt.19-03-2026
3/3
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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