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Patna High Court

Prashant Kumar @ Prasant KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the parties are adults and there is no clear indication of deceit or fraudulent intent, the allegations do not amount to rape and the petitioner is entitled to interim protection pending district court proceedings.

Summary

Petitioner Prashant Kumar sought pre‑arrest bail after an FIR (Mahila P.S. Case No.122 of 2025) alleged that he had a consensual relationship with a minor informant, engaged in sexual intercourse, and allegedly took her mobile phone and Rs.5,500. The petitioner contended he was innocent, that the relationship was consensual between adults, and that there was no deceitful intent, thus the conduct did not constitute rape. The State opposed the bail. The Court noted that both parties were adults, no clear fraudulent intent was shown, and relied on the Apex Court’s decision in Naim Ahamed v. State (2023) 15 SCC 385. It directed the District Court to consider the matter, possibly refer it to mediation, and ordered that no coercive steps be taken against the petitioner. The bail application was disposed, granting interim protection subject to the petitioner’s appearance before the District Court on 24‑03‑2026.

Issues considered

  • Whether the alleged conduct amounts to rape under sections 69, 351(2) and 3(5) of BNS.
  • Whether pre‑arrest bail should be granted in view of the consensual adult relationship and lack of deceitful intent.
  • Whether the matter should be referred to mediation before further coercive action.

Legislation cited

  • BNS — s. 3(5), 351(2), 69

Subjects

  • pre‑arrest bail
  • rape
  • consensual relationship
  • adult consent
  • mediation
  • theft
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10604 of 2026
                      Arising Out of PS. Case No.-122 Year-2025 Thana- MAHILA P.S. District- Patna
                 ======================================================
                 Prashant Kumar @ Prasant Kumar S/o Rana Santosh Bahadur Singh @
                 Santosh Bahadur Singh R/o Village - Rampur Kala, P.S - Khaira, District –
                 Saran                                                    ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.N.K. Agrawal, Sr. Advocate
                                                  Mr.Raushan Raj, Advocate
                                                  Mr.Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
2   12-03-2026                      Heard Mr. N.K. Agrawal, learned Senior counsel

                   along with Mr. Raushan Raj, learned counsel appearing on

                   behalf of the petitioner and Mr. Manoj Kumar, learned APP

                   appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 122 of 2025 registered under Section

                   69, 351(2), 3(5) of BNS.

                                 3. As per the allegation made in the FIR, the minor

                   informant developed acquaintance with petitioner, who on the

                   pretext of marriage established physical relationship with her

                   several times, and later when petitioner’s mother refused the

                   marriage and had threatened her, the petitioner also allegedly

                   took her mobile phone and Rs. 5,500/- without her consent.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.10604 of 2026(2) dt.12-03-2026
                                            2/3




          falsely been implicated in the present case. Learned counsel

          further submitted that from the perusal of the records it appears

          that the informant and the petitioner were in love relationship

          and in the absence of clear indication of deceitful or fraudulent

          intent it would not amount to rape. The petitioner has clean

          antecedent. On these grounds, the petitioner seeks to be released

          on pre-arrest bail.

                       5. Per contra, learned APP for the State vehemently

          opposed the prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, considering the nature of allegation

          made in the FIR and the fact that the petitioner and the

          informant were in love relationship and they have attained the

          age of adulthood (major) and can decide their own interest, and

          in the absence of clear indication of deceitful or fraudulent

          intent at the inception, such circumstances would not ordinarily

          constitute an offence of rape, the learned District Court is

          directed to consider the case of the petitioner in light of the law

          laid down by the Apex Court in the case of Naim Ahamed vs.

          State (NCT of Delhi) reported in (2023) 15 SCC 385 in view of

          the admitted relationship of the petitioner and informant.

                       7. The learned District Court may consider to refer the
           Patna High Court CR. MISC. No.10604 of 2026(2) dt.12-03-2026
                                                       3/3




                     matter, thereafter, to the learned Mediator by fixing the date of

                     appearance of the parties.

                                  8. During the course of entire period involved in

                     resolving the dispute, no coercive steps shall be taken against

                     the petitioner in connection with the aforesaid case.

                                  9. Petitioner is directed to appear before the learned

                     District Court on 24.03.2026.

                                  10. In case of failure on the part of the petitioner, the

                     interim protection granted to him shall lose its force

                     automatically.

                                  11. Accordingly, the present bail application stands

                     disposed of.


                                               (Purnendu Singh, J)
Ashishsingh/-
U      T


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