Patna High Court
CR. MISC./27635/2026 of Prashant Kumar Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27635 of 2026 Arising Out of PS. Case No.-42 Year-2026 Thana- PHULPARAS District- Madhubani ====================================================== Prashant Kumar S/O Umesh Kushiyait resident of Village and P.O.- Lalganj, Police
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27635 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Prashant Kumar S/O Umesh Kushiyait resident of Village and P.O.- Lalganj, Police Station-Chhatapur, District- Supaul, Bihar-852137.
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
Dolly Kumari D/o- Sri Amarnath Bhindwar Resident of Village , P.O.- Suggapatti, P.S. , Sub-Division , Block- Phulparas, District-Madhubani.
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Lakshmindra Kumar Yadav, Advocate
Mr. Prabhu Narayan Prabhakar, Advocate
For the State
:
Mr. Satya Nand Shukla, APP
For the Informant
:
Ms. Neha Kumari Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
17-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 64(1), 61(2)/69 of the BNS, 2023.
3. As per the prosecution case, the petitioner made physical relationship with the informant/victim on the false pretext of marriage. It is further alleged that all accused persons demanded dowry and due to its non-fulfillment, they denied the marriage.
4. Learned counsel for the petitioner submits that it would be evident from the very narration of facts in the FIR that Patna High Court CR. MISC. No.27635 of 2026(6) dt.17-08-2026
the informant is a 28 years old female and she had met the petitioner in a coaching centre whereafter, they entered into a love relationship and they also entered into a physical relationship on the pretext of marriage. It is further submitted that the FIR further discloses that the petitioner stayed at the house of the informant for 15 days and thereafter, they met at different places, where they entered into physical relationship. On such grounds, it has been submitted that this is a case of purely consensual relationship between two adults, which subsequently, could not culminate into a marriage. It has further been submitted that the petitioner is working in the Railways and upon an enquiry conducted by the Railway Department also, no action on the administrative side was taken against him. Learned counsel has further submitted that it would be evident from the case diary that the petitioner and the informant/victim were in touch through mobile phones since long, which substantiates the argument that there was a long standing relationship between them.
5. Learned APP for the State and learned counsel for the informant, however, oppose the application for anticipatory bail on the ground that there was a demand of dowry by the parents/guardians of the petitioner whereafter, the petitioner is not marrying the informant.
6. Taking into consideration the facts and circumstances Patna High Court CR. MISC. No.27635 of 2026(6) dt.17-08-2026
and also considering the fact that it appears that the present case arises out of a long standing love relationship between the petitioner and the victim/informant and further considering the materials that the victim herself was an adult and entered into a physical relationship with the petitioner with her own will, let the above named petitioner who is a government servant having clean antecedent and who also does not have any flight risk, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail 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 below where the case is pending/successor court in connection with Phulparas P.S. Case No. 42 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
priyanka/- (Soni Shrivastava, J) U T