Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 376
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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