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Patna High Court

Rajan Kumar @ Rakesh Kumar@ Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                           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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