Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19084 of 2026 Arising Out of PS. Case No.-433 Year-2025 Thana- RAJAON District- Banka ====================================================== Manish Kumar Son of Prabhakar Das Resident Of Village- Nima Ps- Bounsi (panjwara), Dist- Banka ... ... Petitioner
Versus
1.
The State of Bihar 2.
Shobha Kumari Daughter of Bindeshwary Das Resident Of Village- Rajoun, Ps- Rajoun, Dist- Banka ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Rajoun P.S. Case No. 433 of 2025 (G.R. No. 4034/2025) registered for the offences punishable under Sections 69 of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').
3. The allegation against the petitioner is to establish physical relationship with the informant aged about 22 years, on several occasions on the false pretext of marriage and as per FIR, it was established on the last occasion i.e. on 01.11.2025.
Patna High Court CR. MISC. No.19084 of 2026(2) dt.31-03-2026 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that FIR in issue was lodged with a delay of 26 days as in terms of FIR, last physical relationship was established on 01.11.2025. It is pointed out that on facial perusal of FIR, it can be safely gathered that on 30.08.2025, in evening at about 7:00 P.M., the petitioner solemnized marriage with the informant by putting vermilion on her forehead. It is submitted that in view of same, it cannot be said that petitioner, by deceitful means, established physical relationship with the informant. Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by taking note of the fact as FIR prima facie suggests that petitioner solemnized marriage with the informant on 30.08.2025, raised prima-facie doubt that alleged relationship was established by deceitful means, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to
Patna High Court CR. MISC. No.19084 of 2026(2) dt.31-03-2026 3/3 be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned court in connection with Rajoun P.S. Case No. 433 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T