CR. MISC./44431/2026 of Vikky Kumar Vs The State of Bihar on 22 July 2026

ORAL ORDER

22-07-2026

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant .

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 69 of the BNS.

3. Learned counsel appearing on behalf of the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner on pretext of marriage established physical relation but later resiled from marriage.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted both the petitioner and the Patna High Court CR. MISC. No.44431 of 2026(2) dt.22-07-2026

informant are major and the relationship in between them was purely consensual with no promise of marriage, it is also submitted that whenever consenting relationship sours a false case is instituted with an allegation that on pretext of marriage the physical relation was established, it is next submitted that it absolutely does not stand to reason that how informant being a literate person based on promise of marriage could have entered into a relationship, it is reiterated and submitted that the relationship was in between two consenting adults, it is further submitted that if the privilege of anticipatory bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that both informant and the petitioner are major and the relationship was consensual.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail Patna High Court CR. MISC. No.44431 of 2026(2) dt.22-07-2026

on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Mohanpur P.S. Case No. 466 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, it is made clear that if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

vikram/- (Satyavrat Verma, J) U T