Patna High Court
Raushan Singh @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Raushan Singh, applied for regular bail in a case registered under sections 64, 109, 88 and 3(5) of the BNS, alleging that the informant, a major, accused him of having a consensual relationship, impregnating her, and administering abortifacient pills. The prosecution claimed the petitioner induced the pregnancy and attempted to terminate it, while the petitioner asserted his innocence, consent, lack of evidence of pill administration, and a clean criminal record. The State and the informant opposed bail, emphasizing the seriousness of the allegations. After considering the submissions and the fact that the petitioner had been in custody since December 2025, the court ordered bail upon furnishing a bond of Rs. 10,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the accused under sections 64, 109, 88 and 3(5) of the BNS.
- Whether the alleged consensual relationship and alleged administration of abortifacient pills constitute grounds to deny bail.
- Whether the petitioner’s clean antecedents and period of custody affect the bail decision.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 3(5), 64, 88
Subjects
- bail
- sexual relationship
- consent
- pregnancy
- abortifacient pills
- Bihar Penal Code
- sections 64, 109, 88, 3(5)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15210 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- KADWA District- Katihar
======================================================
Raushan Singh @ Roushan Kumar S/o- Rajiv Ranjan Singh @ Pappu Singh
Resident of Village- Nandanpur PS- Kadwa, Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priya Kumari D/o- Ghoghu Biswas Resident of Village- Nandanpur, W.NO-
12, PS- Kadwa, Dist- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra, Advocate
For the State : Mrs. Madhuri Lata, APP
For the Informant : Mr. Sanjeev Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner, learned A.P.P
for the State and learned counsel for the Informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kadwa P.S. Case No.
316 of 2025 registered for the offences punishable under Section
64, 109, 88 and 3(5) of the BNS.
3. As per the prosecution case, the victim/informant,
who claims to be a major, has alleged that she developed
friendship with the petitioner over the telephone. Subsequently,
the petitioner began visiting her house, and, by her own
admission, they established a physical relationship on seven
occasions, as a result of which she became pregnant. It is further
Patna High Court CR. MISC. No.15210 of 2026(3) dt.23-04-2026
2/3
alleged that the petitioner administered certain pills to her to
terminate the pregnancy, and thereafter refused to marry her.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
the present case. It has further been submitted that the victim is
a major girl and had established a physical relationship with the
petitioner, which indicates that she was a consenting party. It has
also been submitted that the physical relationship was
established at the victim’s house without any objection, and
there is no evidence on record to suggest that she was
administered any pills to terminate her pregnancy. It is further
submitted that the charge sheet has already been submitted and
there is no allegation of tampering with the evidence. Lastly, it
has been submitted that the petitioner has clean criminal
antecedent and is in custody since 01.12.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.15210 of 2026(3) dt.23-04-2026
3/3
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Katihar, in connection with Kadwa
P.S. Case No. 316 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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