Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57223 of 2025 Arising Out of PS. Case No.-586 Year-2025 Thana- DANAPUR District- Patna ====================================================== Abhishek Kumar S/O Late Shrikant Singh R/O Village- Harkhutola, P.OKharowan Kala, P.S- Sahar, Distt.- Bhojpur, Bihar. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Pallvi Kumari, D/O Rajesh Kumar Singh, R/O Skarwal Tola, P.S- Mokama, Distt.- Patna. Presently residing at Balaji Nagar, New Mainpura, Saguna More, P.S- Danapur, Dist.- Patna.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the O.P. No.2 :
Ms. Kahkashan Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Danapur P.S. Case No. 586 of 2025, dated 05.06.2025 registered for the offence punishable under Section 69 of the B.N.S, 2023.
3. As per allegation, a 26 years old lady fell in love with the Petitioner and the Petitioner has promised to marry her and they also remained in physical relationship for two years and she even got pregnant but she took abortion pills on being asked by the Petitioner. However, now he is going to marry
2/4 another lady and when she protested, she was abused by him.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the informant is a matured lady, 26 years of age and it is not possible to establish physical relationship several times on false promise. She is matured enough to understand the consequence of a relationship and she cannot establish physical relationship several times on false promise. He also submits that as per the allegation, it appears that it was a consensual relationship and only with intent to pressurize the Petitioner to marry her, this false case has been filed, particularly because he is a constable in Bihar Police.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State and learned counsel for the Informant vehemently oppose the prayer of the Petitioner for bail submitting that it is a classic case of sexual intercourse by employing deceitful means and hence this case is covered by Section 69 of the B.N.S. and the offence is
3/4 punishable up to seven years.
8. I considered the submission advanced by both the parties and perused the material on record.
9. Considering the aforesaid facts and circumstances, particularly the age of the informant i.e 26 years and the nature of allegation, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Danapur P.S. Case No. 586 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court
4/4 below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T