Patna High Court
Sujit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a cash bond and sureties, and conditions under Section 482 of the B.N.S.S., 2023.
Summary
The petitioner, Sujit Kumar Singh, was arrested in a case registered under Sections 126(2), 115(2), 69, 352 and 3(5) of the B.N.S., 2023, alleging that he had a three‑year relationship with the informant based on a false promise of marriage and later refused to marry her. The petitioner contended that the relationship was consensual, both parties were adults, and therefore the alleged offences, particularly under Section 69, should not arise. He applied for anticipatory bail, asserting a clean antecedent. The State opposed the bail application. The Court examined the facts, the nature of the alleged offences and the petitioner's claim of consent, and decided to grant anticipatory bail subject to a cash bond of Rs. 10,000 and two sureties, with conditions under Section 482 of the B.N.S.S., 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in view of the alleged offences under Sections 126(2), 115(2), 69, 352 and 3(5) of the B.N.S., 2023?
- Does the alleged consensual relationship and false promise of marriage negate the criminal liability under Section 69 of the B.N.S., 2023?
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 352, 69
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- sexual offence
- false promise of marriage
- consent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89761 of 2025
Arising Out of PS. Case No.-336 Year-2025 Thana- BARARI District- Katihar
======================================================
Sujit Kumar Singh S/o Shri Ashok Singh @ Ashok Singh R/o Village- Kant
Nagar, P.S.- Barari, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for offence under Sections 126(2), 115(2), 69, 352,
3(5) of B.N.S., 2023.
3. It is alleged that this petitioner used to establish
physical relation with the victim (informant) on the false
promise of marriage for last three years and thereafter, refused
to marry her.
4. Learned counsel for the petitioner submits that
from perusal of the F.I.R., it is apparent that both parties are
major and they were in relationship for quiet some time. They
enjoyed each others company for several months and indulged
in sexual act, which cannot be said to be induced or
Patna High Court CR. MISC. No.89761 of 2025(2) dt.15-01-2026
2/2
involuntarily. The relationship was consensual. The informant
was very much capable of understanding the consequences of
her action and simply because the relationship could not work
out, it will not give rise to institution of F.I.R. for the offence
under Section 69 of the B.N.S., 2023. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposes
the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of six weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. 1st, Katihar in connection with Barari P.S. Case No.
336 of 2025, subject to condition as laid down under Section
482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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