Patna High Court
Rajesh Kumar KiskuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to bail as the allegations pertain to a consensual relationship and do not constitute a non-bailable offence.
Summary
The petitioner, Rajesh Kumar Kisku, was implicated in a rape case (Section 376 IPC) registered as Begusarai Town (Lohiyanagar O.P.) P.S. Case No. 69 of 2023. He claimed innocence, arguing that the alleged incident was a consensual relationship that later turned sour, leading to a false complaint. The petitioner applied for bail, asserting that the prosecution's case lacked merit. The Court, after hearing counsel, accepted the contention that the matter involved consensual sex and not a criminal offence. Consequently, the Court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The bail order was to be executed by the lower court within four weeks.
Issues considered
- What is the appropriate bail relief for a person accused under Section 376 IPC when the alleged act is claimed to be consensual?
- Whether the allegations constitute a false case warranting bail under Section 438(2) CrPC and Section 482 BNSS.
Legislation cited
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 376
Subjects
- rape
- bail
- consensual relationship
- false accusation
- Criminal Procedure
- Section 376 IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38637 of 2026
Arising Out of PS. Case No.-69 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Rajesh Kumar Kisku S/O Chhotu Kisku Resident of Kalahi, P.S. Mihijam,
District Jamtara, Jharkhand, at present Engineer, Bharat Heavy Electricals
Limited, Tandwa Town, Chatra, Hazaribagh, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX D/O xxxx R/O C-143, Ramdas Hati Baithkipara Gardanrich, PS-
Ravindranagar, Distt- Kolkata At present, Bihar GraminBank Pachvir, PS-
Sahebpur Kamal, Distt- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Begusarai Town (Lohiyanagar O.P.) P.S. Case
No. 69 of 2023 registered for the offence under Sections 376 of
the Indian Penal Code.
3. As per the prosecution case, the petitioner is
said to have committed rape with the victim.
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. He further submits that from the
FIR, it appears to be a case of consensual sex between two
Patna High Court CR. MISC. No.38637 of 2026(2) dt.17-06-2026
2/2
consenting parties and when the relationship turned sour, this
false case has been filed against the petitioner.
5. Considering the fact that this is a case of
consensual relationship between the parties, this application is
allowed.
6. 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 learned concerned
Court below in connection with Begusari Town (Lohiyanagar
O.P.) P.S. Case No. 69 of 2023, 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)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.