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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions under Section 480(3) of the B.N.S.S.

Summary

Kanhaiya Kumar was arrested in connection with a case alleging inducement of marriage, a physical relationship lasting six years, and related offences under Sections 69, 352 and 351(2) of the B.N.S., 2023. The petitioner claimed innocence, arguing that the informant’s statement under Section 183 was made in anger and later withdrawn, and highlighted his clean antecedent and the improbability of the accusations. The State and the informant contended that the petitioner had misled the informant, caused a pregnancy and abortion, and falsely represented himself as her husband in medical documents. The court examined the chargesheet, the petitioner’s custody period, and the credibility of the informant’s statement, finding the allegations insufficiently substantiated. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and requiring the petitioner’s presence at court dates.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations under Sections 69, 352 and 351(2) of the B.N.S., 2023.
  • Whether the informant’s statement recorded under Section 183 of the B.N.S.S. is reliable and sufficient to deny bail.
  • Whether the petitioner’s clean antecedent and the improbability of the accusations warrant bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 183 statement
  • Section 480(3) conditions
  • clean antecedent
  • false accusation
  • marriage inducement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9082 of 2026
                       Arising Out of PS. Case No.-276 Year-2025 Thana- SRIPUR District- Gopalganj
                 ======================================================
                 Kanhaiya Kumar S/o Chandradev Baitha, R/o Village- Thawai Tola, P.S-
                 Sripur, District- Gopalganj.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Vyas Kumar Mishra, Advocate
                 For the State             :       Mr. Prem Kumar Jha, APP
                 For the Informant         :       Mr. Naresh Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                        Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Sripur P.S. Case No. 276 of 2025 dated

                   11.11.2025, registered for the offences punishable under

                   Sections 69, 352 and 351(2) of the B.N.S., 2023.

                                      3. As per the prosecution case, petitioner giving

                   inducement of marriage established physical relationship with

                   informant and continued this relationship for six years.

                   Subsequently, he got engaged to some other girl and when the

                   photographs of engagement came on the status of the petitioner,

                   then informant enquired about it, but she was asked to leave the

                   petitioner and was also threatened by this petitioner.
Patna High Court CR. MISC. No.9082 of 2026(2) dt.17-02-2026
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                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. From the FIR, it is apparent

          that the informant and the petitioner had been working in the

          same company. But the petitioner at no point of time gave any

          promise to marry the informant and no inducement or

          allurement was given. Learned counsel further submits that it is

          not believable that the informant continued in relationship for

          six years without solemnizing marriage. He further submits that

          the statement of the informant was recorded under Section 183

          of the BNSS, wherein she stated that she lodged the case in

          anger and realizing the same, she stated that she does not want

          to pursue this matter. Learned counsel next submits that

          petitioner is having clean antecedent and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 12.11.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          as well as learned counsel for the informant oppose the

          submissions made on behalf of the petitioner. Learned counsel

          for the informant submits that the petitioner continued the

          relationship but did not solemnize marriage with her and the

          informant even got pregnant and her pregnancy was aborted.
Patna High Court CR. MISC. No.9082 of 2026(2) dt.17-02-2026
                                            3/4




          Material has come on record showing that petitioner introduced

          himself as the husband of the informant in medical documents.

          He further submits that petitioner again cheated the informant

          and brought her to make her statement under Section 183 of the

          BNSS in his favour.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          improbable nature of accusation and also considering the

          submission of charegesheet against the petitioner, his period of

          custody and his clean antecedent, the petitioner, above-named,

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

          the like amount each to the satisfaction of learned Additional

          Chief Judicial Magistrate, Gopalganj / concerned Court, in

          connection with Sripur P.S. Case No. 276 of 2025, subject to

          the condition laid down under Section 480(3) of the B.N.S.S.

          and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and

          every date fixed by the court below, if so required by the learned

          trial Court.
          Patna High Court CR. MISC. No.9082 of 2026(2) dt.17-02-2026
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                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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