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Patna High Court

Rajesh Kumar KiskuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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