Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63074 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- MAHILA P.S. District- Patna ====================================================== Sudama Kumar S/O Ram Raj Das @ Sadhu R/O Village- Jakar Usri, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Patna Mahila P.S. Case No. 46 of 2025 dated 02.05.2025, instituted for the offence punishable under Sections 69, 3(5) of the B.N.S., 2023 and Section 3⁄4 of the D.P. Act.

3. The allegation against the petitioner is that he established physical relationship with the informant on the false pretext of marriage for five years. It is further alleged that petitioner took some money from the informant by gaining her confidence. When the family member of the informant went to the house of petitioner with regard to marriage, then Rs. 5 lakh was demanded as dowry and upon failing to comply the same, petitioner refused to solemnize marriage with the informant.

Patna High Court CR. MISC. No.63074 of 2025(2) dt.10-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is next submitted that from perusal of the fardbeyan, it is evident that the informant was in relationship with the petitioner since 2020 but the FIR has been lodged on 02.05.2025 i.e. after a delay of five years without any plausible explanation. It is further submitted that petitioner is doing job in Patna and in course of his work he came in contact with the father of the informant and he visited the house of the informant twice. The father of the informant gave a proposal to the petitioner for marrying her daughter and when the petitioner categorically denied then only to make pressure upon the petitioner, the present false and concocted case has been lodged against the petitioner. It is further submitted that informant denied medical examination so there is no proof that physical relation was established with the informant. Lastly, it has been submitted that petitioner has no criminal antecedents.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.63074 of 2025(2) dt.10-09-2025 3/3 six weeks from today, in connection with Patna Mahila P.S. Case No. 46 of 2025, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T