Kanhaiya Kumar v. The State Of Bihar
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.SSripur, 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 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.
2/4
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.
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.
4/4 (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