Patna High Court
Arun Kumar Das @ Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that bail may be granted to the petitioner subject to a monetary bond and conditions prescribed under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Arun Kumar Das sought bail after an FIR (Routa PS Case No. 285 of 2025) alleged his involvement in offences including rape, vulgar language and improper advances under sections 126(2), 115(2), 64, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, citing a clean record, an unexplained delay in filing the FIR, and asserted that the case was a retaliatory move following his own complaint of honey‑trapping against the informant. He further contended that the relationship with the informant was consensual and had been acknowledged by the village Panchayat. The State and the second opposite party opposed bail, emphasizing the specific allegations and the victim’s recorded statement under sections 180 and 183 of the B.N.S.S. The High Court, considering the case‑counter‑case dynamics and an agreement between the parties, granted bail on a bond of ₹30,000, subject to conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite serious sexual offence allegations under the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in lodging the FIR and the claim of a counter‑case constitute grounds for bail.
- Whether the existence of a consensual relationship and a Panchayat intervention affect the bail decision.
- Applicability of bail provisions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 180, 183, 3(5), 351(2), 64
Subjects
- bail
- rape
- FIR delay
- counter case
- consensual relationship
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- sexual offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15664 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- RAUTA District- Purnia
======================================================
Arun Kumar Das @ Arun Kumar S/o Kamal Kumar Das @ Komal Das
Resident of vill- Hariya, P.S- Routa, Distt.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Seema Devi W/o- Durga Prasad Das R/v- Hariya, P.S. - Routa, District -
Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Bhagat, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
For O.P. No. 2 Mr. Ram Prawesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard learned Counsel for the petitioner, learned APP
for the State and Learned Counsel for the opposite party no. 2.
2. The petitioner who apprehends arrest in connection
with Routa P.S. Case No. 285 of 2025 lodged on 23.11.2025, for
the offences punishable under sections 126(2), 115(2), 64,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the present FIR has been
lodged against six named accused persons, including the present
petitioner, alleging inter alia that the petitioner used to
communicate with the informant and allegedly used vulgar
language while also making improper advances, including offers
to establish a physical relationship. It is further alleged that the
informant did not disclose these incidents to anyone at the
relevant time. The petitioner is also alleged to have committed
Patna High Court CR. MISC. No.15664 of 2026(3) dt.06-05-2026
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rape upon the informant.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence.
The antecedents of the petitioner are clean, and he has no
criminal history. It is further submitted that although the alleged
occurrence is said to have taken place on 03.11.2025, the FIR
has been lodged after an unexplained delay on 23.11.2025.
Learned counsel contends that the present case is a counterblast
to Routa P.S. Case No. 288 of 2025, which was earlier instituted
by the petitioner against the informant alleging a case of honey
trapping. It is further submitted that the informant had been
repeatedly extorting money from the petitioner on several
occasions under the threat of implicating him in false and
malicious cases, and when the petitioner refused to comply with
such demands, the present frivolous case has been instituted.
Learned counsel further submits that, in fact, there existed a
long-standing consensual relationship between the petitioner
and the informant. When this relationship came to the
knowledge of the villagers, a Panchayati was convened;
however, despite such intervention, the relationship between the
parties continued until the filing of the present case.
5. Learned Counsel appearing for the opposite party
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no. 2 vehemently opposes the prayer for bail of the petitioner
and submits that the allegation against the petitioner is specific
in the F.I.R.
6. Learned APP for the State vehemently opposes the
prayer for bail and submits that there is case and counter case
between the parties. Moreover, it has come in the order of the
learned Trial Court that the victim got her statement recorded
under Sections 180 and 183 of the B.N.S.S., 2023 wherein she
has supported the allegation of rape.
7. Considering the case and counter case between the
parties and annexure P/4 i.e. copy of the agreement between the
parties, let the petitioner above named be released on bail, in the
event of arrest or surrender before the Trial Court within a
period of four weeks from today, on furnishing bail bond of
₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction
of the Learned Chief Judicial Magistrate, Purnea in connection
with Routa P.S. Case No. 285 of 2025, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
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