Patna High Court
Badri Prasad @ Jay Kishore PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and statutory conditions.
Summary
The petitioner, Badri Prasad, was named in an FIR for alleged rape under several sections of the Bhartiya Nyay Sanhita, 2023 and the I.T. Act. He claimed the complainant habitually files false cases and that she had previously married him, later blackmailing him to lodge the rape complaint. During investigation the police concluded the rape allegation was false and instead filed a charge‑sheet under Section 85 of the B.N.S., analogous to IPC 498A, for cruelty. The petitioner sought anticipatory bail, arguing the original rape charge lacked prima facie basis. The court, noting the investigation’s finding of falsity and the shift to a cruelty charge, granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the original rape allegation is found to be false and the charge‑sheet is under Section 85 B.N.S. (cruelty).
- Whether the FIR discloses a prima facie case of rape warranting denial of bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 123, 316(2), 318(4), 3(5), 64, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
- Information Technology Act — s. 67
Subjects
- anticipatory bail
- false rape allegation
- Section 85 B.N.S.
- IPC 498A
- cruelty
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13631 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Badri Prasad @ Jay Kishore Prasad Son of Mahadev Prasad Resident of
Village - Jhakara, Ward no. 6, P.S. - Jagdishpur, District - West Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sujeet Kumar, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The accused-petitioner, named in the F.I.R.,
is apprehending his arrest in connection with
Jagdishpur P.S. Case No. 171 of 2025 registered for
the offences punishable under Sections 123, 64,
318(4), 316(2), 115(2) and 3(5) of the Bhartiya Nyay
Sanhita, 2023 (in short, the ‘B.N.S.’) and section 67
of the I.T. Act.
3. As per FIR, petitioner alleged to commit
rape upon the informant on false pretext of
marriage.
4. Learned counsel appearing on behalf of the
petitioner submitted that informant is under habit to
lodge this type of cases as prior to her marriage with
Patna High Court CR. MISC. No.13631 of 2026(2) dt.26-02-2026
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petitioner, she solemnized marriage with one
Mukesh Kumar, son of Yogendra Prasad, resident of
village – Siswa Kodar, P.S. - Paharpur, District – East
Champaran and subsisting her marriage with said
Mukesh Kumar, she developed relationship with one
Amit Makhwana, and subsequently developed a
friendly relationship with this petitioner with whom
she finally solemnized marriage after blackmailing
him to implicate falsely for rape. It is submitted that
the FIR in issue is based upon the complaint petition
where informant raised allegation as to commit rape
upon her by this petitioner and concealed the fact
that she solemnized marriage with this petitioner,
but during course of investigation, it transpires that
informant already solemnized marriage with this
petitioner whereafter the police submitted charge-
sheet under section 85 of the B.N.S. corresponding
to Section 498A of the I.P.C., which was also
approved by learned jurisdictional Magistrate, who
took cognizance accordingly.
5. Learned A.P.P. for the State duly assisted by
learned counsel appearing for the informant, while
opposing the prayer for anticipatory bail of the
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petitioner, could not disputed the aforesaid factual
submission.
6. In view of the aforesaid factual submissions
and by taking note of the fact as during investigation
allegation qua rape found false by police, where after
investigation charge-sheet was submitted for the
offence under section 85 of the B.N.S./498A of the
I.P.C. against the petitioner, where allegation qua
committing physical and mental cruelty prima facie
not available in FIR as marriage was concealed,
accordingly, above-named petitioner, in the event of
his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, Bettiah,
West Champaran/concerned court in connection with
Jagdishpur P.S. Case No. 171 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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