Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Kaushal Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 69, 352 and 351(2) of the Bihar Narcotic Substances Act, 2023, alleging that he had a consensual relationship with the informant, promised marriage, and later threatened her when she refused to meet him. The prosecution contended that the petitioner had used the promise of marriage to establish a physical relationship and subsequently threatened the informant, constituting the offences charged. The petitioner’s counsel argued that the relationship was between two consenting adults, there was no forcible intercourse or false promise of marriage, and that the FIR was filed only after a breakup, making the allegations baseless. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the Court found that the circumstances did not warrant continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 126(2), 115(2), 69, 352 and 351(2) of the Bihar Narcotic Substances Act, 2023.
- Whether the alleged conduct constitutes an offence under the cited statutory provisions.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence that would justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 351(2), 352, 69
Subjects
- bail
- criminal procedure
- sexual offences
- false promise of marriage
- threat
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 91376 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- ANTI District- Gaya
======================================================
Kaushal Kumar S/O Sanjay Yadav R/O Village- Kanchanpur @ Kachanpur,
P.S- Anti, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard Mr. Aryan Singh, learned counsel for the
petitioner and Mr. Kalyan Shankar, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Sessions Trial No. 983 of 2025 arising out of Anti P.S.
Case No. 68 of 2025 registered for the offence punishable under
Sections 126(2), 115(2), 69, 352 and 351(2) of the B.N.S., 2023.
3. The case of the prosecution is that the petitioner
used to visit the house of the informant. During this period, they
started talking, which gradually developed into relationship
between them. It is further alleged that the petitioner used to
promise the informant that he will marry her and on this
promise, the petitioner established physical relationship with
her. This relationship continued for about one and a half years.
On 27.05.2025, the petitioner called the informant to come to
Patna High Court CR. MISC. No. 91376 of 2025(2) dt.28-01-2026
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the fields, to which she refused. Thereafter, the petitioner
allegedly threatened her. On the next day, she went to meet him,
but the petitioner did not met her.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that from
perusal of the FIR, it is clear that there was a relationship
between two majors and there was a breakup thereafter as it is
clear that when the informant went to meet the petitioner, he did
not meet her. He also submits that there is nothing like any
forcible intercourse or intercourse on the false promise of
marriage, as this relationship was continuing for 1.5 years, but
the victim has not reported anywhere and has only reported
when the petitioner refused to meet her. This means the breakup
has been reported in the shape of an FIR. He further submits
that a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent and he is languishing in
judicial custody since 01.06.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No. 91376 of 2025(2) dt.28-01-2026
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional District & Sessions Judge-X, Gaya in connection
with Sessions Trial No. 983 of 2025 arising out of Anti P.S.
Case No. 68 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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