← Library
Patna High CourtCR. MISC./91376/2025allowed

Kaushal Kumar v. The State Of Bihar

2026-01-28Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 91376 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- ANTI District- Gaya ====================================================== Kaushal Kumar S/O Sanjay Yadav R/O Village- Kanchanpur @ Kachanpur, P.S- Anti, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2026 Heard Mr. Aryan Singh, learned counsel for the petitioner and Mr. Kalyan Shankar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Sessions Trial No. 983 of 2025 arising out of Anti P.S. Case No. 68 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 69, 352 and 351(2) of the B.N.S., 2023.

3. The case of the prosecution is that the petitioner used to visit the house of the informant. During this period, they started talking, which gradually developed into relationship between them. It is further alleged that the petitioner used to promise the informant that he will marry her and on this promise, the petitioner established physical relationship with her. This relationship continued for about one and a half years. On 27.05.2025, the petitioner called the informant to come to

Patna High Court CR. MISC. No. 91376 of 2025(2) dt.28-01-2026 2/3 the fields, to which she refused. Thereafter, the petitioner allegedly threatened her. On the next day, she went to meet him, but the petitioner did not met her.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the FIR, it is clear that there was a relationship between two majors and there was a breakup thereafter as it is clear that when the informant went to meet the petitioner, he did not meet her. He also submits that there is nothing like any forcible intercourse or intercourse on the false promise of marriage, as this relationship was continuing for 1.5 years, but the victim has not reported anywhere and has only reported when the petitioner refused to meet her. This means the breakup has been reported in the shape of an FIR. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 01.06.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No. 91376 of 2025(2) dt.28-01-2026 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-X, Gaya in connection with Sessions Trial No. 983 of 2025 arising out of Anti P.S. Case No. 68 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T