Chandan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41000 of 2026
                    Arising Out of PS. Case No.-281 Year-2025 Thana- DARPA District- East Champaran
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                 Chandan Kumar, S/o Ramesh Rai @ Raghunath Rai, R/o Village - Rampur,
                 P.S. - Darpa, District - East Champaran
                                                                        ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Darpa P.S. Case

                   No.281 of 2025 registered under Sections 64 read with 3(5)

                   of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, the petitioner was alleged to

                   establish physical relationship with informant aged about 16

                   years on false pretext of marriage, where informant alleged

                   that she was in relationship with petitioner since 2022.

                                4. It is submitted by learned counsel appearing for

                   petitioner      that       narration    of     FIR     suggest       maximum

                   establishment of physical relationship by deceitful means on
Patna High Court CR. MISC. No.41000 of 2026(2) dt.25-06-2026
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          false pretext of marriage and, as thus, lodging the FIR for

          the offence under Section 64 of the BNS is just to harass the

          petitioner and entire family members, who were also made

          accused with present crime in question. It is submitted that

          the allegation of rape is not appears convincing for the

          reason that admittedly the informant was in relationship with

          petitioner. It is submitted that the corporeal relationship

          cannot be termed as rape. In support of his submission,

          learned counsel has relied upon legal reports of Hon’ble

          Supreme Court as available through Pramod Suryabhan

          Pawar vs. State of Maharshtra and Anr. [(2019) 9

          SCC 608] and Ansaar Mohammad vs. State of

          Rajasthan and Ors. [2022 SCC OnLine SC 886]. The

          petitioner claimed clean antecedent.

                       5.    Learned APP while opposing the prayer of bail

          submitted that the allegation qua establishing physical

          relationship is specifically available against this petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as the FIR was lodged for the offence

          punishable under Section 64 of the BNS i.e. rape, whereas
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                     the allegation as set out through FIR, suggest prima facie

                     that it is a case of consensual relationship, as admittedly the

                     informant was in relationship with petitioner since 2022,

                     accordingly, the petitioner, above-named, in the event of his

                     arrest or surrender in the court below within a period of four

                     weeks from today, is directed to 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 satisfaction

                     of the learned J.M., Raxaul at Motihari, East Champaran in

                     connection with Darpa P.S. Case No.281 of 2025, subject to

                     the conditions as laid down under Section 438(2) of the

                     Code of Criminal Procedure (in short ‘CrPC’)/under Section

                     482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

                     short ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T