Patna High Court
Mantu Kumar @ Mantu Kumar ModiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application.
Summary
The petitioner, Mantu Kumar Modi, sought anticipatory bail fearing arrest in a case (Purnea Mahila P.S. Case No. 22 of 2025) alleging offences under several sections of the B.N.S. for making false promises of marriage and having a physical relationship with the complainant. The prosecution alleged that the petitioner deceived the informant, while the petitioner claimed innocence, stating the FIR was lodged after a sour relationship. The State opposed the bail application. The Court, after considering the submissions, allowed the anticipatory bail, directing the petitioner to surrender within four weeks and secure a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S. in view of the alleged offences.
Legislation cited
- B.N.S. — s. 103(1), 123, 3(5), 64, 66, 88, 89, 91
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false promise of marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89462 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- MAHILA P.S. District- Purnia
======================================================
Mantu Kumar @ Mantu Kumar Modi S/o Kusheshwar Modi Resident of
village - Amari Kukraun, PS - Dhamdaha, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Barun Kumar Singh
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Purnea Mahila P.S. Case No. 22 of 2025
registered for the offence under Sections 64, 66, 88, 89, 91, 123
of 103(1), 3(5) of B.N.S.
3. As per the prosecution case, petitioner is
accused of making false promises of marriage to the informant
and even made physical relationship with her.
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. It is next submitted that petitioner
and the victim were in relationship and when the relationship
turned sour, this FIR was lodged. Petitioner has clean
Patna High Court CR. MISC. No.89462 of 2025(2) dt.04-02-2026
2/2
antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. 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, Purnea/ concerned Court below in connection with
Purnea Mahila P.S. Case No. 22 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)
tusharika/-
U T
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