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Patna High Court

Awadhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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