Patna High Court
Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the BNSS.
Summary
Awadhesh Kumar applied for anticipatory bail after being implicated in a case registered under Sections 69, 352 and 351(2) of the Bharatiya Nyaya Sanhita, alleging that the complaint was false and motivated by a broken promise of marriage by a 20‑year‑old informant. He argued that the informant remained silent for a year and only lodged the FIR when the promised marriage did not materialise, and he highlighted his clean antecedent and young age. The State opposed the bail application. The Court examined the facts, the petitioner’s clean record, and the possibility of false implication, and invoked Section 482(2) of the BNSS. It granted anticipatory bail on a bond of Rs 20,000 with two sureties, subject to the conditions of Section 482(2). The order disposes of the bail petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged false complaint
- Whether the petitioner’s age and clean antecedent justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 351(2), 352, 482(2), 69
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- false complaint
- criminal procedure
- Section 482(2)
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8938 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- MAHILA PS District- Jehanabad
======================================================
Awadhesh Kumar S/o Mahesh Vishwakarma R/o Village - Daulatpur, P.S -
Kako, District – Jehanabad ... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the Petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Jehanabad Mahila P.S. Case No. 74 of 2025 dated
20.11.2025 registered for the offences punishable under Sections
69, 352 and 351(2) of the Bharatiya Nyaya Sanhita.
3. Mr. Amit Anand, learned counsel appearing for the
petitioner submits that the informant was admittedly twenty year
old when she entered into relationship with this petitioner as per
allegation and the said relationship is stated to have run for about
one year but the informant remained silent and did not take any
action but when the promise to marry her allegedly made by this
petitioner was not fulfilled then she lodged the present case
against him, however, the allegations made by the informant are
completely false as petitioner is sole son of his parents and due to
Patna High Court CR. MISC. No.8938 of 2026(2) dt.24-02-2026
2/2
this reason the informant wanted to marry him and when did not
succeed she came up with a false story but before that petitioner had
filed an informatory petition in the court of Chief Judicial
Magistrate, Jehanabad showing his apprehension of false
implication by the informant of which copy has been filed with this
petition as Annexure-P/2. It is lastly submitted that petitioner is
young person having fair and clean antecedent.
4. Learned APP appearing for the State has opposed the
prayer for bail of the petitioner.
5. In the facts and circumstances of this case and
considering the above submissions coupled with petitioner’s young
age and his fair and clean antecedent, this Court is inclined to grant
the relief of anticipatory bail to the petitioner. Accordingly, let the
petitioner named-above, in the event of his arrest or surrender
before the learned Court below within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the like
amount each to the satisfaction of the Court concerned in
connection with Jehanabad Mahila P.S. Case No. 74 of 2025,
subject to the conditions as laid down under Section 482(2) of the
BNSS.
(Shailendra Singh, J)
maynaz/-
U T
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