Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, given the consensual nature of the relationship and the parties' majority, the allegations do not constitute a criminal offence, and therefore bail was warranted.
Summary
The petitioner, Niraj Kumar, was arrested in a case registered under sections 376, 420 and 34 of the Indian Penal Code for allegedly sexually exploiting his sister‑in‑law, Nibha Devi, after the death of her husband and refusing to marry her. He contended that the relationship was consensual, both parties were adults, and no force or deceit was involved, arguing that the complaint was false and motivated by a desire to compel marriage. The State opposed bail, maintaining the seriousness of the alleged offences. The Court examined the facts, noting the consensual nature of the relationship and the parties' majority, and concluded that the allegations did not constitute a criminal offence warranting detention. Consequently, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the alleged sexual relationship, claimed to be consensual, amounts to an offence under sections 376, 420 and 34 of the IPC.
- Whether bail should be granted to the petitioner pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 34, 376, 420
Subjects
- bail
- rape
- consent
- IPC
- Section 376
- Section 420
- Section 34
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1269 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Niraj Kumar Son of Rudal Rai Resident of Village- Kathariya, P.S.-
Chhauradano, District- East Champaran, Motihari
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nibha Devi W/O LATE BUDHAN RAI, R/V KATHARIYA, P.S.
CHHAURADANO, DIST.- EAST CHAMPARAN
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
7ORAL ORDER
6 22-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 376, 420/34 I.P.C.
3 . As per F.I.R. the husband of informant-cum-victim,
Nibha Devi died on 15.01.2019 that after death of her husband,
this petitioner on the pretext of marriage sexually exploited her,
as a consequence of which she became pregnant and thereafter
given birth to a girl child and later on petitioner refused to marry
her.
4. Learned counsel for the petitioner submitted that
from bare perusal of F.I.R. it is apparent that petitioner is own
Patna High Court CR. MISC. No.1269 of 2026(6) dt.22-06-2026
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devar of informant and informant put pressure upon him to
marry with her and when this petitioner refused, this false and
concocted case has been lodged against him. As a matter of fact,
when their relationship developed, both were major. The act of
repeated intimacy and sexual relationship was totally consensual
in nature and was not established under any false promise,
threat, duress or coercion. He further submits that it is a case of
long voluntary love affair between two consenting adults which
had been given a colour of forcibly sexual intercourse with
oblique purpose and motive. It is hard to believe that the victim
who is own bhabhi of the petitioner kept on bending to the
demands of the petitioner without raising any protest to any
quarter that the petitioner was exploiting her sexually under the
pretext of a false promise of marriage. The sexual relations
continued unabatedly between the parties, is sufficient to
conclude that there was never an element of force or deceit in
the relationship.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the both the parties were major when
the relationship developed between them and informant was
well aware of such relationship and its consequences and as
Patna High Court CR. MISC. No.1269 of 2026(6) dt.22-06-2026
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such, the same will not amount to any criminal offence and
other circumstances of the case, in the event of arrest or
surrender within eight weeks from today, let the petitioner, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned District and Sessions
Judge Exclusive Special Judge (Rape and POCSO Act), East
Champaran, Motihari, in connection with Chhauradano P.S.
Case No. 118 of 2025, subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
, 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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