Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.787 of 2026 Arising Out of PS. Case No.-38 Year-2025 Thana- SABAUR District- Bhagalpur ====================================================== Suraj Kumar Son of Chamak Lal Mandal Resident of Village- Masudanpur, P.S.- Amdanda, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-01-2026 Heard Mr. Raghwendra Pratap Singh, learned counsel for the petitioner and Mr. Raj Kishor Singh, learned APP for the State.
2. The petitioner has prayed for bail in connection with Sabour P.S. Case No. 38 of 2025 registered for the offence punishable under Sections 66, 3(5) of the B.N.S., 2023.
3. The case of the prosecution is that the elder sister of the informant is married to one Vijay Mandal, a resident of Masudanpur, District Bhagalpur. During a visit to the matrimonial home of her elder sister, the informant came into contact with the petitioner. They exchanged mobile numbers and started communicating with each other. The petitioner allegedly promised to marry the informant and, on the basis of such promise, established a physical relationship with her. It is
Patna High Court CR. MISC. No.787 of 2026(2) dt.29-01-2026 2/3 further alleged that on 20.12.2024, the petitioner took the informant to his house on the false promise of marriage, where he kept her for two days and again established a physical relationship with her on the false promise of marriage. It is further alleged that the parents of the petitioner demanded Rs. 5 lakhs and ousted the informant from their house, after assaulting 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 it is a case where the petitioner and the informant entered into a relationship which has been given the color of establishing physical relationship on the false promise of marriage. On the breakup of the relationship, this case has been filed. He further submits that the last day of the occurrence is 20.12.2024, it is not disclosed in the FIR as to when this relationship started, but the FIR was lodged on 28.01.2025 after more than one month. There is no explanation for this delay. 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 14.09.2025.
Patna High Court CR. MISC. No.787 of 2026(2) dt.29-01-2026 3/3
5. As against this, the application for bail is vehemently opposed by the learned counsel for the informant and the learned APP for the State. Learned counsel for the informant submits that the petitioner has established physical relationship on the false promise of marriage and is now not ready to marry the informant.
6. Having heard learned counsel for the parties and 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 Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 38 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T