Patna High Court
Rajan Kumar @ Rakesh Kumar@ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, finding that the FIR does not disclose a forcible physical relationship within the scope of Section 69.
Summary
The petitioner, a government servant, sought anticipatory bail after an FIR was lodged alleging offences under Sections 126(2), 115(2), 69 and 3(5) of the Bihar Negotiable Statutes (B.N.S). The FIR claimed that the petitioner and the informant had discussed marriage six months earlier, and after the informant’s pregnancy, the matter was publicised in the village, leading to the filing of the complaint. The petitioner contended that the allegations did not involve any forcible physical relationship and that the informant, a married adult woman, was filing the case to extort money, citing her ongoing divorce and maintenance litigation. The State opposed the anticipatory bail. The Court examined whether the facts fell within the ambit of Section 69 and concluded that they did not, and therefore granted anticipatory bail subject to a bail bond, sureties and cooperation with the investigation.
Issues considered
- Whether the allegations in the FIR constitute an offence under Section 69 of the B.N.S.
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S.S.
Legislation cited
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- Section 69
- Criminal Procedure
- extortion
- marriage dispute
- government servant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7484 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Rajan Kumar @ Rakesh Kumar@ Ranjan Kumar S/O Satendra Prasad Sah @
Satendra Sah R/O Vill-Behata,P.S-Khajauli, Distt-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard Mr. Manoj Kumar Pandey, the learned
counsel for the petitioner assisted by Ms. Kumari Pallavi, the
learned advocate and Mr. Binod Kumar, the learned A.P.P. for
the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126 (2), 115 (2), 69 and 3(5) of B.N.S.
3. The allegation in the First Information Report is
that the informant and the petitioner had discussion about
getting married to each other six months back which she
disclosed to her family who told her not to disclose such fact but
when she got to know about her pregnancy, the matter was
discussed with the villagers for getting her married to the
petitioner which did not happen.
Patna High Court CR. MISC. No.7484 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioner submits that
the very tone and tenor of allegations made in the First
Information Report itself would make it clear that the present
allegation would not come within the ambit of Section 69 of the
B.N.S as there is no allegations whatsoever of making any
physical relationship much less a forcible one. As a matter of
fact, the petitioner and informant are distant agnates amongst
whom the marriage is not possible and the present informant is a
major and also a married lady who has filed the present case
only with a view to cause some extortion from the petitioner
who is a government servant. It has also been indicated by way
of Annexure-P/2 that earlier also she has been pursuing
litigation against her husband for divorce and maintenance case.
5. The application for anticipatory bail is opposed
by learned A. P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering the nature of allegations
alleged in the First Information Report which do not disclose
any forcible physical relationship being established on pretext of
marriage, let the petitioner, in the event of his arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with Khajauli P.S.
Patna High Court CR. MISC. No.7484 of 2026(2) dt.04-02-2026
3/3
Case No. 235 of 2025 of 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 Court below where the
case is pending subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023, subject to the conditions that the petitioner
would cooperate in the investigation.
(Soni Shrivastava, J)
vashudha/-
U T
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