Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
Rohit Kumar, a 21‑year‑old, was arrested in a case alleging that he induced a woman of Scheduled Caste into marriage by allurement and maintained a physical relationship for three months, invoking sections of the Bihar Negotiable (B.N.S) Act and the SC/ST Act. The victim later claimed she had married the petitioner at a temple, denied any prior or subsequent sexual relationship, and said she eloped due to caste‑based parental opposition; the FIR was filed four days after the alleged incident. The petitioner, with no prior criminal record, sought bail, arguing the case stemmed from a consensual love relationship and the victim made no allegation of sexual assault. The State opposed bail. The Court, noting the lack of serious allegations, the victim’s statement, the petitioner’s youth and clean record, and the delay in filing the FIR, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged offences under the B.N.S Act and the SC/ST Act.
- Whether the victim’s statement negating sexual assault and the delay in filing the FIR affect the seriousness of the charges.
- Whether the petitioner’s age and lack of prior criminal record warrant bail.
Legislation cited
Subjects
- bail
- SC/ST Act
- scheduled caste
- marriage
- love relationship
- delay in FIR
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68638 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Rohit Kumar S/o Bipin Singh R/o Village - Salaiya, P.S - Kawakol, District -
Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Kumari D/o Jaleshwar Ravidas R/o Village - Sonkhar, P.S -
Chandradeep, District - Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the State : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 12-02-2026 Heard Mr. Pramod Kumar Verma, the learned
counsel for the petitioner and Mr. Binay Krishna, the learned
Spl. P.P. for the State and the learned counsel appearing for the
Opposite Party No.2.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 87, 81, 352, 351 (3), 3 (5) of
B.N.S and Section 3 (1) (r)(s), 3 (2) (va) SC/ST Act.
3. As per the prosecution case, the petitioner induced
the informant into marriage by allurement and thereafter
established physical relations with her for a period of three
months.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68638 of 2025(6) dt.12-02-2026
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present case has arisen out of a love relationship between the
petitioner and the victim who belongs to Scheduled Caste
community and the First Information Report itself was filed
after a delay of four days for which no plausible explanation has
been tendered. Even in the statement of the victim recorded,
after her recovery, under Section 183 of B.N.S.S, the victim has
stated that she has solemnized the marriage at a temple on
13.02.2025 and she has completely denied establishing of any
sexual relationship with her either prior to marriage or after
marriage. She has further stated that she had eloped for
marrying the petitioner as her parents had disapproved the
marriage on account of caste based differences. Petitioner is in
custody since 26.04.2025 and charges have already been framed
in the case and the case is pending for prosecution evidence
which is evident also from the report which had been called for
with regard to the stage of the case.
5. Learned Spl. P.P for the State opposes the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
present case arises out of a love relationship and the victim has
not alleged any sexual or other assault upon her and further
Patna High Court CR. MISC. No.68638 of 2025(6) dt.12-02-2026
3/3
considering the fact that the petitioner is also a young boy aged
about 21 years with no criminal antecedent, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Kawakol P.S. Case No. 162 of 2025.
(Soni Shrivastava, J)
vashudha/-
U T
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