Patna High Court
Arun kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail subject to conditions.
Summary
Arun Kumar was arrested in connection with a rape and alleged abortion case (Mahila PS Case No. 62 of 2025) under Sections 127(1), 115(2), 69, 351(2), 352 and 3(5) of the Bihar Negotiable Sale Act. He claimed the sexual relationship with the complainant was consensual and that both parties were adults, relying on the Supreme Court’s decision in Naim Ahmed v. State. The State opposed his pre‑arrest bail, while the petitioner’s counsel argued his innocence and clean antecedents. The Court, after considering the FIR and the precedent, found a prima facie case for bail and directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the BNS and verification of his criminal antecedents. The order also stipulated that the bail would lapse if the petitioner is found to have other pending cases.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged rape and abortion under the specified sections of the BNS.
- Whether the alleged consensual nature of the relationship and the parties being adults affect the grant of bail.
- Whether the Supreme Court’s ruling in Naim Ahmed v. State is applicable to bail decisions in sexual offence cases.
- Whether Section 482(2) of the BNS permits the court to grant pre‑arrest bail in such circumstances.
Subjects
- pre‑arrest bail
- rape
- consensual relationship
- Section 482
- bail bond
- Bihar Negotiable Sale Act
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70945 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- MAHILA PS District- East Champaran
======================================================
Arun kumar, aged about 22 years (M), S/o Devilal Baitha Resident of village
- Ajgari (Chudiharwa Tola), P.S - Banjariya, District - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Seema Kumari, aged about 21 years (F), D/o Late Jangbahadur Baitha
Resident of village - Ajgari (Chudiharwa Tola), P.S - Banjariya, District -
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Ms.Renuka Ratnakar(App125)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 26-02-2026 Heard Mr. Abhishek Kumar, learned counsel
appearing on behalf of the petitioner and Ms.Renuka Ratnakar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mahila P.S. Case No. 62 of 2025 registered for the
offence(s) punishable under Sections
127(1),115(2),69,351(2),352,3(5) of the BNS.
3. As per the allegation made in the FIR, the
petitioner on the pretext of marriage has committed rape with
the informant and also aborted her pregnancy.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.70945 of 2025(3) dt.26-02-2026
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been implicated in the present case. From perusal of the FIR, it
is apparent that both parties were in relationship for quite some
time and enjoyed each other’s company for years together and
when the relationship developed, both the parties were major.
The relationship was consensual. In this regard, he has placed
reliance upon a judgment of the Apex Court in case of Naim
Ahmed Vs. State (NCT of Delhi), reported in 2023 SCC
Online SC 89. Petitioner has clean antecedent.
5. Learned counsel appearing on behalf of the
informant and learned APP appearing on behalf of State
vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, it is evident that the petitioner and informant
were in relationship for quite some time and enjoyed each
other’s company for years together and when their relationship
deteriorated, the informant lodged the present FIR. In light of
law laid down by the Apex Court in case of Naim Ahmed
(Supra), I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.70945 of 2025(3) dt.26-02-2026
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before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge,
Exclusive Special Judge (Rape and POCSO Cases), East
Champaran, Motihari / Concerned Court in connection with
Mahila P.S. Case No. 62 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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