Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65385 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- MAHILA PS District- Khagaria ====================================================== Shivam Kumar S/O Ranjit Yadav R/O Choti Kothia, Asli Kothia, P.S.- Gangaur, Distt. - Khagaria, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX D/O Upendra Sah R/O Village Ekaniya Ward No. 06, P.S.- Mansi, Distt.- Khagaria Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Saurabh, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP For the O.P. No.2 :

Mr. Jasjit Pranja, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. A prayer for bail has been made on behalf of the petitioner in connection with Khagaria Mahila P.S. Case no.07 of 2025 registered under sections 81, 351(2) and 352(3) of BNS, 2023.

3. Allegation in the F.I.R is that petitioner had established physical relations with the victim on the pretext of marriage.

4. Learned counsel for the petitioner submits that the present case arises out of a love relationship between the petitioner and the victim, who is about 18 years of age. It is

Patna High Court CR. MISC. No.65385 of 2025(6) dt.20-02-2026 2/3 admitted in the F.I.R. that the petitioner was interested in marrying the victim, had stayed with her, and that she was two months pregnant. Learned counsel further points out that a supplementary affidavit dated 11.01.2026 has been filed on behalf of the petitioner, bringing on record his willingness to marry the victim. The petitioner is in custody since 13.05.2025 and undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State, however, learned counsel for the informant has no grievance for bail being granted to the petitioner so long as he is willing to marry the victim.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the affidavit filed on behalf of the petitioner that he would be getting married with the victim as they were having love relationship and also have a child born out of wedlock, the petitioner is directed to be enlarged on bail in connection with Khagaria Mahila P.S. Case no.07 of 2025 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 where the case is pending/successor Court.

7. It is expected that the petitioner would fully abide

Patna High Court CR. MISC. No.65385 of 2025(6) dt.20-02-2026 3/3 by his undertaking, as stated before this Court by way of an affidavit, which carries its own sanctity.

(Soni Shrivastava, J) Harsh/- U T