Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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The petitioner claimed innocence, arguing that the informant’s statement under Section 183 was made in anger and later withdrawn, and highlighted his clean antecedent and the improbability of the accusations.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
- B.N.S., 2023 — s. 351(2), 352, 69
- B.N.S.S. — s. 183, 480(3)
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
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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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