Abhijeet Kumar @ Abhijit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31286 of 2026 Arising Out of PS. Case No.-106 Year-2025 Thana- MAHILA P.S. District- Patna ====================================================== Abhijeet Kumar @ Abhijit Kumar S/O Kamlesh Prasad Resident of VillagePatiyawan, P.S- Sakurabad, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mrs. Nirmala Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 106 of 2025 for the offence under sections 69 and 351(2) of the Bharatiya Nyaya Sanhita lodged on 18.09.2025 by the informant, Champa Kumari.

3. As per the prosecution story, the informant alleged that the petitioner on the false assurance of marriage, made physical relationship and when he got the Government job, dowry was demanded and further refused to marry. This led to the FIR.

4. Learned counsel for the petitioner submits that both are adults knowing very well the pros and cons of relationship, the lady is also twenty three years old and it is not the case of

Patna High Court CR. MISC. No.31286 of 2026(2) dt.07-05-2026 2/3 the informant that any rape has been committed. He is in a Government Job and is ready to cooperate in the investigation and diligently appear in trial.

5. Learned APP opposes the prayer submitting that on the false pretext of marriage, the physical relationship took place.

6. Taking into account the submissions of the parties as also that both are adults and the petitioner 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 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 Judicial Magistrate-1st Class, Patna in connection with Mahila P.S. Case No. 106 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

Patna High Court CR. MISC. No.31286 of 2026(2) dt.07-05-2026 3/3 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 appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (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 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