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Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.90287 of 2025(2) dt.18-02-2026
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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
Patna High Court CR. MISC. No.90287 of 2025(2) dt.18-02-2026
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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
            Patna High Court CR. MISC. No.90287 of 2025(2) dt.18-02-2026
                                                        4/4




                      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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