Patna High Court
Raju Kumar @ Raju ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to conditions, despite the seriousness of the charges, owing to the marriage between the parties and the victim’s affidavit.
Summary
Raju Kumar was arrested in connection with a case registered under Sections 376, 506 and 34 of the Indian Penal Code. He had earlier been granted provisional bail for three months, which expired, and he surrendered on 22 January 2026. The petitioner claimed the FIR was fabricated and that he had married the alleged victim, Nitu Kumari, who filed an affidavit confirming the marriage. The informant acknowledged the marriage. Considering the marriage and the victim’s affidavit, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was not delayed for verification of antecedents.
Issues considered
- Whether bail can be granted in a case involving offences of rape, criminal intimidation and common intention when the accused has married the alleged victim.
- Whether the victim’s affidavit confirming marriage affects the assessment of the seriousness of the charges and the presumption of guilt.
- Whether the expiry of the provisional bail period necessitates a fresh bail order.
Legislation cited
- Indian Penal Code — s. 34, 376, 506
Subjects
- bail
- rape
- criminal intimidation
- IPC
- marriage
- false FIR
- provisional bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38510 of 2025
Arising Out of PS. Case No.-72 Year-2024 Thana- MAHILA PS District- Aurangabad
======================================================
Raju Kumar @ Raju Chaudhary S/o Late Umesh Chaudhary R/o Village-
Bara, P.S.- Nawadih, District- Palamu, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nitu Kumari S/o Dilip Chaudhary R/o Village- Ketaki Shivmath, P.O.-
Ketaki, P.S.- Deo, District- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate
For the Informant : Mr. Vishwa Ranjan Chaudhary, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 30-01-2026 Heard Mr. Bhaskar Shankar, learned counsel for the
petitioner, Mr. Vishwa Ranjan Chaudhary, learned counsel for
the Informant and Mr. Pramod Kumar Pandey, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
22.01.2026, in connection with Mahila P.S. Case No. 72 of
2024, F.I.R. dated 27.11.2024 registered for the offences
punishable under Sections 376, 506, 34 of the Indian Penal
Code.
3. Vide order dated 08.08.2025, the petitioner has
been granted provisional bail for a period of three months.
4. Learned counsel for the petitioner submits that after
Patna High Court CR. MISC. No.38510 of 2025(5) dt.30-01-2026
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completion of period, the petitioner surrendered before the
learned Court below on 22.01.2026 and now he is in judicial
custody. He further submits that the allegation as alleged in the
F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. In fact, the
petitioiner was in love with the victim girl and as per
undertaking given by the petitioner that he is ready to perform
the marriage with the victim. A counter affidavit has been filed
on behalf of Opposite Party No. 2 personally sworn by the
victim, namely, Nitu Kumari, who happens to be now the wife
of the petitioner in which stated that she has performed the
marriage with the petitioner on 29.10.2025.
5. Learned counsel for the Informant appears and
fairly submits that the Opposite Party No. 2 has performed
marriage with the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner has performed the marriage with
the victim/Opposite Party No. 2 and Opposite Party No. 2 has
filed an affidavit stating therein that she has performed the
marriage with the petitioner, let the petitioner, above named, 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
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satisfaction of learned S.D.J.M., Aurangabad in connection
with Mahila P.S. Case No. 72 of 2024, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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