Patna High Court

Raubins Kumar @ Rauvinsh KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Raubins Kumar was arrested in connection with a case under sections 64, 115(2), 127(2) and 352 of the Bhartiya Nyaya Sanhita, 2023, alleging that he forcibly established physical relations with the complainant, who claimed to have been in a love affair with him. The petitioner contended that the allegations were false, that the FIR itself admitted a consensual relationship, and that there was a delay of more than 24 hours before the FIR was lodged. He had been in custody since 12 July 2025, the charge‑sheet had already been filed, and he had no prior criminal record. The State opposed the bail application. Considering the nature of the allegations, the filing of the charge‑sheet, the petitioner’s clean antecedent and the six‑month custodial period, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

What factors justify granting regular bail in a case involving sections 64, 115(2), 127(2) and 352 of the Bhartiya Nyaya Sanhita?
Does the filing of a charge‑sheet and the absence of prior criminal antecedents warrant bail despite the seriousness of the alleged offences?

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 127(2), 352, 64

Subjects

regular bail
criminal procedure
sexual offences
Bhartiya Nyaya Sanhita
no antecedent
charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73325 of 2025
                    Arising Out of PS. Case No.-641 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Raubins Kumar @ Rauvinsh Kumar S/O Rama Dhar Yadav Village- Gidarpur
                 Bauri, P.S.- Hulasganj, District- Jehanabad

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Pratima Kumari D/O Late Satyendra Yadav R/O Vill.- Anuan, P.S.- Banshi,
                 P.O.- Anuan, Dist.- Arwal- 804419


                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rana Hason, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Jehanabad P.S. Case

                   no.641 of 2025 registered under sections 64, 115(2), 127(2) and

                   352 of the Bhartiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that she was in a love affair with the petitioner for the last 1½

                   years. On the date of occurrence, the petitioner forcibly

                   established physical relations with her on the assurance that he

                   would marry her.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.73325 of 2025(3) dt.21-01-2026
                                            2/3




          petitioner has been falsely implicated in the case. From the

          contents of the F.I.R itself it would transpire that the parties

          being in a relationship has been admitted therein. The allegation

          of the petitioner establishing physical relations forcibly is

          incorrect and denied. It is for this reason that while the alleged

          occurrence is said to have taken place on 10.7.2025 and the

          police station being at a distance of only 1 km, information at

          the police station was given more than 24 hours later in the late

          night of 11.7.2025. The petitioner is in custody since 12.7.2025,

          has no criminal antecedent and charge-sheet has been submitted

          in the case.

                       5. The application for bail is opposed by learned A.P.P

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the

          submissions made by learned counsel for the petitioner, the

          petitioner being in custody for 6 months since 12.7.2025,

          charge-sheet having been submitted in the case and especially

          the petitioner not having any criminal antecedent, the petitioner

          is directed to be enlarged on bail in connection with Jehanabad

          P.S. Case no.641 of 2025 on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.73325 of 2025(3) dt.21-01-2026
                                                         3/3




                       each to the satisfaction of the learned Chief Judicial Magistrate,

                       Jehanabad.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

Continue reading with your account

Checking your session…