Single judge order granting anticipatory bail to a government servant facing charges of dowry harassment and sexual offences. The court considered the consensual nature of the relationship, the victim's adulthood, and lack of flight risk.
Enlargement of petitioner on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
... ... 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 ORAL ORDER
6 17-08-2026
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and learned counsel for the informant.
Patna High Court CR. MISC. No.27635 of 2026(6) dt.17-08-2026 2/3
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.
Patna High Court CR. MISC. No.27635 of 2026(6) dt.17-08-2026 3/3
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.
(Soni Shrivastava, J)
priyanka/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving allegations of dowry harassment arising from a consensual relationship.
Whether the long-standing relationship and lack of flight risk justify granting anticipatory bail.
Whether the bail application should be allowed subject to furnishing a surety bond.
2 provisions across 2 enactments
Prashant Kumar
The State of Bihar
Dolly Kumari
Soni Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
