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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

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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

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Appearance :

For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate

For the Opposite Party/s : Mr. Raj Kishor Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

ORAL ORDER

2 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

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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

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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/-

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