Patna High Court
ANURAG KUMAR @ ANURAG KUMAR MEHTAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were not prima facie convincing and granted anticipatory bail to the petitioner.
Summary
The petitioner, Anurag Kumar, was arrested in connection with a 2020 case alleging kidnapping and attempted rape of an informant’s daughter under IPC sections 365 and 366. The victim’s statement recorded under CrPC section 164 indicated she left home voluntarily, was in love with the petitioner, and had a physical relationship under a promise of marriage, later marrying another man. The petitioner sought anticipatory bail, arguing that a consensual relationship under a false promise of marriage does not constitute rape, citing Supreme Court precedents. The prosecution opposed, asserting specific allegations against the petitioner. The court found the kidnapping and rape allegations not prima facie convincing in light of the victim’s statement and the cited case law, and therefore granted anticipatory bail subject to conditions under CrPC section 438(2) and BNSS 2023 section 482(2).
Issues considered
- Whether the allegations of kidnapping and rape under IPC sections 365 and 366 are substantiated to deny anticipatory bail
- Whether a consensual relationship under a false promise of marriage can be treated as rape
- Applicability of anticipatory bail provisions under CrPC section 438 and BNSS 2023 section 482(2)
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 164, 438
- Indian Penal Code — s. 365, 366
Subjects
- kidnapping
- rape
- anticipatory bail
- consent
- IPC
- CrPC
- BNSS
- sexual assault
- marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27291 of 2025
Arising Out of PS. Case No.-135 Year-2020 Thana- RANIGANJ District- Araria
======================================================
Anurag Kumar @ Anurag Kumar Mehta, S/o Suresh Mehta @ Suresh Kumar
Mehta, R/o village-Hasanpur, Ward No. 8, at present village - Madhulata,
P.S.- Raniganj, Distt.- Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Raniganj P.S. Case
No.135 of 2020 registered under Sections 365 and 366 of
the Indian Penal Code.
3. Allegation against petitioner is to kidnap the
daughter of informant aged about 20 years for the purpose of
illicit intercourse/marriage with another person.
4. It is submitted by learned counsel appearing for
petitioner that during investigation, the daughter of informant
was recovered and her statement was recorded under Section
164 of the Code of Criminal Procedure (in short ‘CrPC’),
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where she categorically stated that she left her parental home
on her own and was in love with petitioner and she
established physical relationship with petitioner under promise
of marriage. It is submitted that as the love affairs of
daughter of informant was not approved by him with
petitioner, her marriage was solemnized with other person,
with whom she is living happily, having one son.
5. Arguing further, it is submitted that the
corporeal relationship under false pretext of marriage cannot
be termed as rape. In support of his submission, learned
counsel has referred the legal reports of Hon’ble Supreme
Court as available through Ansaar Mohammad vs. State
of Rajasthan and Ors. [2022 SCC OnLine SC 886] and
Pramod Suryabhan Pawar vs. State of Maharashtra
and Anr. [(2019) 9 SCC 608].
6. Learned APP while opposing the prayer of
anticipatory bail submitted that the allegation is specifically
available against this petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact, as the allegation of kidnapping and rape
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prima facie not appears convincing in view of statement of
victim as recorded under Section 164 of the CrPC and also in
view of legal reports, as mentioned aforesaid, the petitioner,
above-named, in the event of his arrest or surrender in the
court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.,
Araria in connection with Raniganj P.S. Case No.135 of 2020,
subject to the conditions as laid down under Section 438(2) of
the CrPC/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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