Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the consensual nature of the relationship and the petitioner's clean antecedent, regular bail should be granted.
Summary
Suraj Kumar was arrested in connection with a case registered under Section 69 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act, alleged to have established a physical relationship with the victim under a false pretext of marriage. The petitioner pleaded innocence, citing a clean antecedent and claiming the relationship was consensual between two adults. The State opposed the bail application. The court, after considering the victim's statement indicating a consensual relationship, decided that the circumstances warranted the grant of regular bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Section 69 of the B.N.S. and Sections 3/4 of the Dowry Prohibition Act
- Whether the alleged consensual relationship between two adults negates the seriousness of the charges for bail purposes
- Whether the petitioner's clean antecedent justifies the grant of bail
Legislation cited
- B.N.S. — s. 69
- Dowry Prohibition Act — s. 3, 4
Subjects
- regular bail
- criminal procedure
- Dowry Prohibition Act
- B.N.S.
- consensual relationship
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9017 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Suraj Kumar Son of Late Pankaj Singh Resident of Village- Karna, P.S.-
Parbatta, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 06-04-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Parbatta P.S. Case No. 373 of 2025 registered for the offence
under Section 69 of the B.N.S. and u/s 3/4 of the Dowry
Prohibition Act.
3. The allegation against the petitioner is that he had
established physical relationship with the victim on the false
pretext of marriage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.10.2025 and has clean
antecedent..
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.9017 of 2026(3) dt.06-04-2026
2/2
6. Considering the aforesaid facts and circumstances
of the case and also from the statement of the victim girl it
appears that she was in a relationship with the petitioner and it
appears to be consensual sex between two majors, period of
custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M., 1st Khagaria/concerned
court below in connection with Parbatta P.S. Case No. 373 of
2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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