Allowed¶20

Akash Mushar v. The State of Bihar

Patna HC21 Nov 2025CR. MISC./36772/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.42605 of 2025; Prabhat Kumar Singh, J.; decided 21-11-2025; Shibu Kumar Ram @ Shibu Kumar v. The State of Bihar; regular bail allowed under Section 69 BNS (relationship on pretext of marriage, refusal to marry); Gopalpur P.S. Case No. 183 of 2024, District West Champaran; petitioner in custody since 02.05.2025, claimed clean antecedents; informant (Rajdeep Kumar) opposed bail; bail-bond Rs. 10,000/- with two sureties of like amount; Judicial Magistrate-1st Class, Bettiah.

What did the court decide?

Regular bail granted: petitioner to be released on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, West Champaran, Bettiah in connection with Gopalpur P. S. Case No. 183 of 2024. ¶20

Akash Mushar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, charged in Gopalpur P.S. Case No. 183 of 2024 under Section 69 BNS on allegations that he had a physical relationship with the victim for six months on the pretext of marriage and thereafter refused to marry, should be released on regular bail.

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Court's answer

Considering the facts and circumstances of the case, the Court allowed the bail application, directing release of the petitioner on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, West Champaran, Bettiah in connection with Gopalpur P.S. Case No. 183 of 2024.

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Detailed headnote1 paragraphs

BAIL GRANTED — Offence under Section 69 of the BNS; allegation that petitioner continued a physical relation with the victim for six months on the pretext of marriage and thereafter refused to marry (Gopalpur P.S. Case No. 183 of 2024, West Champaran). Counsel for petitioner contended both persons were majors when the relationship developed, that it was consensual and not induced, and that the medical report does not support the prosecution contention; petitioner claimed clean antecedents and was in custody since 02.05.2025. Informant's counsel opposed bail. High Court of Judicature at Patna (Prabhat Kumar Singh, J., oral order, 21-11-2025), considering the facts and circumstances, allowed the bail application — petitioner released on a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, West Champaran, Bettiah. (Contentions noted are those of counsel; the Court recorded no detailed reasons beyond 'considering the aforesaid facts and circumstances'.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42605 of 2025

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Arising Out of PS. Case No.-183 Year-2024 Thana- GOPALPUR District- West Champaran

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======================================================

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Shibu Kumar Ram @ Shibu Kumar Son of Ramdhar Ram @ Ramdhari Ram Village- Sargatia Ward no. 15, Police station -Gopalpur District- west Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP For the Informant : Mr. Rajdeep Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 21-11-2025

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned A.P.P. for the State.

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Petitioner seeks regular bail in a case registered

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for the offence punishable under Section 69 of the BNS.

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As per the prosecution case, it is alleged that on the pretext of marriage, this petitioner continued to have physical relation with the victim for the last six months and thereafter refused to marry.

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Learned counsel for the petitioner submits that from bare perusal of the FIR it is apparent that both the persons were majors when the relationship developed and continued to several months and as such, it cannot be said to be induced or involuntarily. The relationship was consensual. The informant was very much capable of understanding the consequences of

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Patna High Court CR. MISC. No.42605 of 2025(3) dt.21-11-2025 2/2

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her action. Medical report does not support the contention of the prosecution. Petitioner claims clean antecedent and is in custody since 02.05.2025.

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Learned counsel for the informant vehemently opposes the bail application.

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Considering the aforesaid facts and circumstances of the case, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, West Champaran, Bettiah in connection with Gopalpur P. S. Case No. 183 of 2024.

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(Prabhat Kumar Singh, J)

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AjayMishra/-

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Akash Mushar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akash Mushar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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