Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11171 of 2026 Arising Out of PS. Case No.-130 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== Manish Kumar S/o Raju Singh R/o Village and P.O - Baghoi, P.S - Haspura, District - Aurangabad, Pin - 824120 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purushotam Sharma, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-06-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Ravi Prakash for the informant beside the State.
2. The petitioner is apprehending his arrest in connection with Haspura P.S. Case No. 130 of 2025 for the offence under sections 74, 65(1) and 3(5) of the BNS lodged on 09.052025 by the informant, Ganga Kumari.
3. As per the prosecution story, the informant had solemnized marriage with Subodh Singh on 21.04.2025 but the contention is that the husband could not fulfill the marital obligation. When she disclosed this to her in-laws, the allegation is that the present petitioner who is younger brother of Subodh Singh, forcefully made physical relationship. Though her inlaws wanted her to marry this petitioner, she was not agreeable
2/4 to the proposal which followed the FIR.
4. Learned counsel for the petitioner submits that some confusion took place between the family but the fact remains that subsequently, the informant and the petitioner entered into marital obligation, and presently, continuing their life happily as a couple, he is ready to face the consequences as the FIR has been lodged, has no criminal antecedent, is a young person and as such, relief be extended to him.
5. Learned counsel representing the informant though supports the prosecution story, acknowledges the submission put forward by the learned counsel for the petitioner that subsequently, they have entered into a wedlock and the petitioner and the lady are living their life together.
6. Having heard the parties, though there is serious allegation against the petitioner, considering the development that has taken place, inasmuch as, the lady has entered into wedlock with this petitioner and they are living together as has been submitted by the learned counsel for the informant, FIR is there, the petitioner shall be facing the music, he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
3/4 arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Aurangabad in connection with Haspura P.S. Case No. 130 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T