Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner under Section 438(2) of the Criminal Procedure Code, subject to stringent conditions.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in connection with FIR No. 210 of 2025 alleging offences under sections 126(2), 115(2), 64, 75, 352 and 3(5) of the BNS. The prosecution alleged that the petitioner had a physical relationship with a married woman who later accused him of abuse and forced marriage. The petitioner contended that the woman was already married with children, making marriage impossible, and that he had no prior criminal record. The State opposed bail, arguing the allegations amounted to a serious offence. The Court, noting the petitioner’s clean record and the nature of the allegations, granted anticipatory bail under Section 438(2) of the Cr.P.C. with specific conditions regarding sureties, appearance before the trial court, non‑interference with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under the BNS.
- Whether the petitioner’s lack of criminal antecedent justifies the grant of bail.
- What conditions may be imposed on anticipatory bail to safeguard the trial process.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 3(5), 352, 64, 75
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- bail conditions
- criminal procedure
- Bihar
- FIR
- marriage fraud
- sexual assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14325 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Raushan Kumar Son of Nandlal Sah Resident of village - Siswa, Bhumihar,
P.S.- Nawalpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-05-2026 Heard Mr. Sujeet Kumar, learned Counsel for the
petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Nawalpur P.S. Case No. 210 of 2025 for the offence
registered under sections 126(2), 115(2), 64, 75, 352 and 3(5) of
the BNS.
3. As per the prosecution story, the informant alleged
that she was married to Salik Sah 8 years ago and couple of
years ago, when she returned, met with the petitioner and fell in
love, this followed physical relationship between them and the
petitioner promised marriage. When the informant pressured the
petitioner to get married, she was abused as also assaulted. This
led to the FIR.
4. Learned Counsel for the petitioner submits that he
Patna High Court CR. MISC. No.14325 of 2026(3) dt.06-05-2026
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is a married young person while the lady is not only married, is
blessed with two children. It is not the case of the informant that
she got any divorce and wanted to marry this petitioner who is
unmarried. As she was putting pressure for the marriage, it was
not possible since she was already married, the FIR.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that the lady
has alleged that in the garb of marriage, he made physical
relationship.
6. Taking into account the submissions of the parties
as recorded aforesaid as also the facts that have been narrated,
this petitioner has no criminal antecedent, in that background,
this Court is inclined to grant him the anticipatory bail with
conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, Bettiah, District-West Champaran in connection
with Nawalpur P.S. Case No. 210 of 2025 subject to condition
as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.14325 of 2026(3) dt.06-05-2026
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(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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