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2026 Supreme(Online)(Pat) 8973

PATNA HIGH COURT
Kunal Kumar
Cr.Misc.-79960/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79960 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- SHRIKRISHNAPURI District- Patna ======================================================

Kunal Kumar S/o Lalan Kumar Singh R/o Village- ward no 48, Brahmasthani Gali, Kurthaul, PS- Sri Krishna Puri, Distt.- Patna, at present R/o vill - ACC ward no. 48, Brahmasthani Gali, Gopalchak, Kurthaul, P.s.- Parsa Bazar, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mrs. Swati Parmar, Advocate For the Opposite Party/s : Ms. Shaheen Begum, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 19-02-2026 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in a case registered forthe offence punishable under Sections 318(4), 316(2), 69, 115(2), 352, 351(2).

3. As per the prosecution case, petitioner on false promise of marriage established physical relationship with the informant for the last one year and also took Rs. 1,00,000/- from her and later he refused to marry with her.

4. Learned counsel for the petitioner submitted that the petitioner has been saddled with false allegations and as a matter of fact, the petitioner and the informant who are both adults were engaged in a love relationship with full consent of both the parties. It is further submitted that the relationship between the petitioner and the informant could somehow not materialize and as such this false allegation of establishing relationship on false pretext of marriage has been levelled. It is further submitted that a false promise would be different from a breach of promise on account of different reasons. Further, during course of investigation it would appear that the informant has even refused her medical examination and with regard to physical relationship, she herself has accepted that the petitioner use to come to her house of which she had photographs. However, during course of investigation, no statement has been recorded u/s 183 of BNSS and on such ground it has been submitted that no offence of cheating or section 69 of the BNSS is made out against the petitioner.

5. Learned APP for the State and learned counsel for the informant vehemently however opposed the grant of bail on the ground that the petitioner has committed the said offence.

6. Taking into consideration the facts and circumstances and also considering the fact that admittedly both the petitioner and the informant are adults and the informant has rather stated her age to be 26 years and considering the possibility of the relationship between them not materializing on account of several other reasons, coupled with the fact that the petitioner has remained in custody since 11.09.2025 and charge-sheet has already been submitted, let the above named petitioner having clean antecedent, be released 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 court of learned S.D.J.M., Patna/concerned Court below in connection with S. K. Pursi P.S. Case No. 166 of 2025.

(Soni Shrivastava, J)

Ranjeet/- U T

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