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Patna High Court

Nitin Raj @ Sonu @ SomuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to stipulated conditions.

Summary

The petitioner, Nitin Raj, sought anticipatory bail after being implicated in a case under Sections 69, 352 and 351(2) of the B.N.S.S., based on allegations by an informant that he had a non‑consensual relationship and recorded a video of her. The petitioner contended that the relationship was consensual, that the informant’s complaint was false, and that there was no promise of marriage, arguing he would cooperate with the investigation. The State opposed the bail, asserting the seriousness of the offences. The court examined the nature of the allegations, the lack of concrete evidence such as the alleged video, and the petitioner’s clean antecedent, and concluded that anticipatory bail could be granted with conditions. Accordingly, the court ordered anticipatory bail subject to a cash bond, sureties, and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., with the provision that bail may be cancelled if the petitioner fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
  • Whether the allegations under Sections 69, 352 and 351(2) of the B.N.S.S. constitute a prima facie case warranting denial of bail
  • Whether the relationship alleged by the informant was consensual and thus a false complaint

Legislation cited

Subjects

  • anticipatory bail
  • false complaint
  • consensual relationship
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • Sections 69, 352, 351(2) B.N.S.S.
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37910 of 2026
                     Arising Out of PS. Case No.-10 Year-2026 Thana- MAHILA PS District- Jehanabad
                 ======================================================
                 Nitin Raj @ Sonu @ Somu S/o Dharmendra Prasad @ Sukhu Resident of
                 Village - Ratanpura, P.S. - Islampur, District Nalanda, At present - Sheopuri
                 Ramchandrapur, P.S. - Laheri, Dist. - Nalanda.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 69, 352

                   and 351(2) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that she came in contact with the petitioner through

                   facebook who works as ESM with Railways in Madhya

                   Pradesh. Further, the petitioner pressurised her to meet, thus,

                   they met at the room of the informant in October 2020, but her

                   landlord disclosed to her family members that a boy had come

                   to meet her in her room, thus, the informant disclosed about her

                   relationship with her family members. Further, the petitioner
Patna High Court CR. MISC. No.37910 of 2026(2) dt.23-06-2026
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          assured her mother that he will marry her in 2024, thereafter

          petitioner on pretext of marriage started establishing physical

          relation and even made obsence video of the informant. Further,

          the informant went back to village from Patna as she did not

          qualify in competitive examination and the petitioner continued

          with the relationship and even made WhatsApp call and used to

          see her private parts and ultimately refused to marry.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that she came in contact with the petitioner in

          the year 2020 and thereafter the relationship continued and six

          years after the commencement of the relationship, the instant

          FIR came to be instituted. It is next submitted that the

          relationship in between the petitioner and the informant was a

          consensual relationship between two consenting adults. It is also

          submitted that it does not appear probable that the informant

          who claims that she was staying in Patna and was preparing for

          competitive examination would not have realized in 5-6 years of

          relationship that petitioner does not intend to marry. It is further

          submitted that no doubt, petitioner and the informant were in a
Patna High Court CR. MISC. No.37910 of 2026(2) dt.23-06-2026
                                            3/4




          relationship but then there was no promise of marriage. It is next

          submitted that whenever consensual relationship sours, a false

          case is instituted. It is also submitted that in order to give

          seriousness to the case, it is alleged that petitioner videographed

          some of the occurrence but then no such video transpired during

          the course of investigation. It is submitted that if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner will

          not abscond rather will cooperate in the investigation to prove

          his innocence and will remain present before the Investigating

          Officer of the case as and when required.

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

          the prayer for anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Trial Court where the case is pending/Successor

          Court in connection with Jehanabad (Mahila) P.S. Case No. 10

          of 2026, subject to the conditions as laid down under Section

          438(2) of the Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.37910 of 2026(2) dt.23-06-2026
                                                       4/4




                                  7. One of the bailors of the petitioner shall be his

                     aunt, namely, Rinku Kumari.

                                  8. However, it is made clear that if the Investigating

                     Officer of the case files an application before the learned Trial

                     Court bringing to its notice that the petitioner, despite giving

                     assurance to this Court, is not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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