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Patna High CourtCR. MISC./32940/2026bail granted

Harishankar Kumar Prasad @ Hrishankr Kumar Prasad v. The State Of Bihar

2026-05-13Mr. Justice Praveen Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32940 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- KOPA District- Saran ====================================================== Harishankar Kumar Prasad @ Hrishankr Kumar Prasad S/O - Raghav Prasad @ Ragho Prasad R/o-Village-Tarwan, P.S-Kopa, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Kumari D/o-Chandrama Prasad R/o-Village-Banpura, P.S-Rasulpur, District-Saran. Current Address-Village-Tarwan, PS-Kopa, District-Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Kopa P.S. Case No. 32 of 2026 dated 16.02.2026 registered for the offences punishable under Sections 126(2), 115(2), 64 and 3(5) of the B.N.S.

3. Initially a complaint case was lodged which was sent to police for registration of the FIR. The allegation is to the effect that this petitioner made physical relationship with complainant and petitioner entered into physical relationship in the year 2024 with the complainant/informant on false pretext of marriage which continued till 05 December, 2025. It is alleged that whenever the informant used to tell the petitioner for performing marriage with her, he used to give evasive reply that

Patna High Court CR. MISC. No.32940 of 2026(2) dt.13-05-2026 2/3 he is not getting any leave from the job. It has further been alleged that during Dussehra festival in the year 2025, this petitioner called the informant to his village and again made physical relationship with her. It has further been alleged that again this petitioner came to his village on 23.11.2025 and again called the informant/complainant to his village and used to establish physical relationship with her. It has further been alleged that the petitioner refused to marry and thus on several occasions, the informant was forced to enter into a physical relationship under the false pretext of marriage, furthermore when these facts were reported to the family members of the petitioner, she was abused and assaulted.

4. Learned counsel for the petitioner has submitted that as per the initial complaint itself she has disclosed her age as 19 years. It has further been submitted that as per the allegation, it appears to be unbelievable, due to the fact that informant used to go to the house of the petitioner for establishing physical relationship and it is not the case of the complainant/informant that petitioner had come to the house of the complainant/informant. It has further been submitted that since petitioner secured a government job and is working as a BSF constable and there was a proposal by the side of the

Patna High Court CR. MISC. No.32940 of 2026(2) dt.13-05-2026 3/3 informant's family for the purposes of marriage, the parents of the petitioner refused to accept that proposal. It has further been submitted that the present false case has been lodged in order to put pressure and for illegal gain. It has further been submitted that petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Kopa P.S. Case No. 32 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T