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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioner, Amit Kumar, sought anticipatory bail fearing arrest in a case (Rupaspur P.S. Case No. 190 of 2025) registered under Section 376 of the Indian Penal Code for alleged rape. The prosecution alleged that the petitioner had a physical relationship with the informant by promising marriage, while the petitioner claimed the act was consensual and that he was falsely implicated, also attaching a notice of a Rs. 12,00,000 demand from the informant. The State opposed the bail. The Court, after considering the submissions, allowed the anticipatory bail application, directing that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged rape under Section 376 IPC.
  • Whether the alleged act constitutes a cognizable offence or a consensual relationship between adults.
  • Whether the petitioner's claim of false implication and the demand for money affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 376 IPC
  • consensual sex
  • false implication
  • bail conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37142 of 2026
                       Arising Out of PS. Case No.-190 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Amit Kumar S/o Ravindra Kumar Singh @ Rabindra Kumar Singh @
                 Ravindra Singh Resident of Village - New Colony, P.s. - Nawada, Dist. -
                 Bhojpur at Arrah.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rama Kant Singh, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Rupaspur P.S. Case No. 190 of 2025 registered

                   for the offence under Section 376 of I.P.C.

                                   3. As per the prosecution case, petitioner is alleged

                   of establishing a physical relationship with the informant by

                   inducing her with a promise of marriage.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Learned counsel further submits

                   that it appears to be a case of consensual sex between two

                   consenting adults and earlier also the petitioner received a legal
              Patna High Court CR. MISC. No.37142 of 2026(2) dt.15-06-2026
                                                          2/2




                        notice from the informant demanding Rs. 12,00,000/- which is

                        annexed as Annexure ‘P/2’ to the petition.

                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the concerned Court

                        below in connection with Rupaspur P.S. Case No. 190 of 2025,

                        subject to the conditions laid down in Section 438(2) of the

                        Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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