Patna High Court
Prashant Kumar @ Prasant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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
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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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