Patna High Court
Japan Kumar @ Japan BhandariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court inclined to accept the petitioner's prayer and granted bail subject to the stipulated conditions.
Summary
Japan Kumar was arrested in connection with a FIR alleging that he established a physical relationship under the pretext of marriage, forced the informant to abort a pregnancy, and later refused to solemnise the marriage. The petitioner contended that the relationship was consensual, the informant was a major, and there were inconsistencies in the FIR and statements. The State and the informant opposed bail, asserting that the petitioner had committed rape and exploited the informant. The Court examined the facts, noted that both parties were adults and the relationship appeared consensual, and considered the nature of the charges under the Bharatiya Nyaya Sanhita. Accordingly, the Court granted bail on the condition of a Rs.20,000 bond, two sureties, and that one bailor be a close relative, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 69, 89, 316, 115, 116, 351, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a prima facie case of rape and forced abortion warranting denial of bail.
- Whether the relationship between the petitioner and informant is consensual, affecting the bail decision.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 116, 316, 3(5), 351, 352, 69, 89
Subjects
- bail
- rape
- forced abortion
- consensual relationship
- marriage refusal
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16726 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- MAHILA P.S. District- Sitamarhi
======================================================
Japan Kumar @ Japan Bhandari Son of Ram Swarth Bhandari Resident of
Village - Tediya, Police Station - Sahiyara, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the State : Mr. Dilip Kumar No. 1, APP
For the Informant : Mr. Hans Lal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 24-06-2026 Heard Mr. Uday Kumar, learned Advocate for the
petitioner and the learned APP for the State. The informant is
represented through Mr. Hans Lal Kumar, learned Advocate
2. The petitioner is apprehending his arrest in
connection with Sitamarhi Mahila P.S. Case No. 68 of 2025
registered for the offences punishable under Sections 69, 89,
316, 115, 116, 351, 352, 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. Allegation against the petitioner is of establishing
physical relationship on the pretext of marriage, but later on
when the informant became pregnant, she was forcefully
aborted, and the petitioner refused to solemnize marriage.
4. Learned Advocate for the petitioner submitted that
the informant is non-else, but the younger sister of his Bhabhi,
Patna High Court CR. MISC. No.16726 of 2026(4) dt.24-06-2026
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and even as per the F.I.R., they had been in a good relationship
since 2021. The relationship, as alleged in the F.I.R., was a
consensual relationship, but later on due to some reason, the
marriage could not be settled, which resulted into the lodging of
the present F.I.R. There is various inconsistencies in the written
report as well as the statement recorded under Section 183 of
the Bharatiya Nagarik Suraksha Sanhita, 2023. The medical
report also suggests that on the alleged date of occurrence, the
informant was a major. Moreover, the petitioner bears fair
antecedent and he undertakes that he will fully cooperate in the
proceedings of the court.
5. On the other hand, learned APP for the State and
the informant vehemently oppose the bail application and
submit that there is specific accusation against the petitioner that
initially he committed rape upon her, but later on he succeeded
in persuading her for continuous physical relationship on the
pretext of marriage and thereby the petitioner completely
exploited the informant.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the fact that the petitioner and the informant are major and
the relationship, prima facie, appears to be consensual for a
Patna High Court CR. MISC. No.16726 of 2026(4) dt.24-06-2026
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pretty long time and the reason behind loding of the F.I.R. is
also said to be that the petitioner refused to solemnize marriage,
despite assurance, this Court is inclined to accept the prayer of
the petitioner, let the petitioner, named above, in the event of his
arrest or surrender before the court below within four weeks
from the date of receipt/production of a copy of this order, be
released on bail on furnishing bail bonds of Rs.20,000/- (Rupees
twenty thousand) with two sureties of the like amount each to
the satisfaction of learned Sub-Divisional Judicial Magistrate
(Sadar), Sitamarhi in connection with Sitamarhi Mahila P.S.
Case No. 68 of 2025, subject to the condition as laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close relative of the petitioner.
(Harish Kumar, J)
uday/-
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