Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Amarjeet Kumar applied for anticipatory bail after a case was registered against him for offences under Sections 323, 341, 376, 313, 504 and 506 of the IPC, Sections 4 and 6 of the POCSO Act and Sections 3(1)(r) and 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act. The petitioner claimed he had a consensual relationship with the informant, Kamni Kumari, and that the allegations of rape, false pregnancy and caste‑based intimidation were fabricated. The State and the informant opposed bail, relying on the victim’s statement recorded under Section 183 of the Bihar Negotiable Summons and Subpoena (BNSS) which alleged that the petitioner had established physical relations under the pretext of marriage and later aborted two pregnancies. The petitioner’s counsel argued that he had a clean antecedent, would not abscond and would cooperate with the investigation. The court, after considering the submissions, directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, and allowed the application.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences of rape, assault, criminal intimidation and offences under the POCSO and SC/ST Acts.
- Whether the allegations of false pregnancy and caste‑based motive render the petitioner a flight risk or a threat to the investigation.
Legislation cited
- Indian Penal Code — s. 313, 323, 341, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(w)(i)
Subjects
- anticipatory bail
- IPC
- POCSO Act
- SC/ST Act
- caste discrimination
- false allegations
- sexual offences
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90287 of 2025
Arising Out of PS. Case No.-52 Year-2024 Thana- MAHILA P.S. District- Samastipur
======================================================
Amarjeet Kumar S/O Ramadhar Sah R/O Village - Rupauli, P.S. -
Musharigharari, Dist. - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kamni Kumari D/O Suraj Paswan R/O Village - Hundahiya Rupauli, P.S. -
Musharigharari, Dist. - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Ms. Usha Kumari 1, APP
For the Informant : Mr. Abneesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner, the
learned APP for the State and the learned counsel appearing on
behalf of the informant.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 323, 341, 376, 313, 504 and 506 of the Indian Penal
Code and Sections 4 and 6 of the POCSO Act and Sections 3(1)
(r), 3(1)(w)(i) of the SC/ST (POA) Act.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and in sum and
substance the allegation is that petitioner on pretext of marriage
established physical relations and later resiled from marrying
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the informant.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that the relationship was in
between two consenting adults. It is also submitted that right
from the beginning, there was no assurance of marriage. It is
next submitted that when such relationship turns sour, a false
case is instituted.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application. Learned counsel appearing on
behalf of the informant submits that statement of the victim was
recorded under Section 183 BNSS wherein she has supported
the case of the prosecution and has stated that petitioner was her
neighbour and they came in contact in the year 2022 and since
then petitioner on pretext of marriage started establishing
physical relation and even took her to the house of his maternal
uncle where she stayed for 4-5 days and in those 4-5 days also
the petitioner established physical relation, but then when
informant asked the petitioner to marry, the maternal uncle of
the petitioner declined on the ground of fear of the society, since
they belong to different caste. It is also submitted that twice her
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pregnancy was aborted.
6. Learned counsel appearing on behalf of the
petitioner, at this stage, submits that from perusal of the
statement of the victim recorded under Section 183 BNSS, it
would manifest that the petitioner and the informant were in a
relationship. It is also submitted that since petitioner and the
informant belonged to different caste, as such, petitioner never
assured that he will marry the informant. It is also submitted that
though it is alleged that pregnancy was aborted, but then the
said bald statement has been made only to give seriousness to
the case. It is also submitted that apart from petitioner, his other
family members were also implicated with false allegation. It is
next submitted that petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
7. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks, is directed to be released on anticipatory
bail on his furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions
Judge-VI-cum-Special Judge POCSO, Samastipur in connection
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with Mahila P. S. Case No. 52 of 2024, subject to the conditions
laid down under Section 482(2) of the BNSS.
8. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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