Patna High Court
Rishu RamanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Rishu Raman, was arrested in connection with a case registered under Sections 69, 89 and 3(5) of the B.N.S. for allegedly luring a woman into a sexual relationship, causing a pregnancy, aborting it, forcibly taking her to a friend's house, seizing her mobile and sending obscene photographs. The petitioner claimed the relationship was consensual, that the complaint was false, and that the woman’s statement under Section 183 of the B.N.S.S. did not allege sexual assault. The State opposed bail, while the petitioner’s counsel highlighted his clean antecedent, the submission of the charge sheet, and the voluntary nature of the relationship. The court examined the facts, the lack of prior criminal record, and the provisions of Section 480(3) of the B.N.S.S. governing bail. It concluded that bail was appropriate, subject to a bond of Rs.10,000 with two sureties and specific conditions. Accordingly, the petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted to the accused under Sections 69, 89 and 3(5) of the B.N.S. given the alleged facts
- Whether the alleged consensual nature of the relationship negates criminal liability
- Whether the provisions of Section 480(3) of the B.N.S.S. permit bail in this case
Legislation cited
Subjects
- bail
- criminal procedure
- sexual offences
- consent
- abortion
- obscene material
- Section 480(3) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75786 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- KASBA District- Purnia
======================================================
Rishu Raman Son of Ramchandra Prasad Sah @ Rajendra Prasad Sah
Resident of village - Durgasthan Nematol, Kaswa Murari Tol, Police Station -
Kasba, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kasba P.S. Case No. 207 of 2025 registered for
the alleged offences under Sections 69, 89, 3(5) of B.N.S.
03. As per prosecution case, the petitioner, giving
allurement of marriage, keep on making physical relationship
with the informant and she became pregnant. The petitioner got
aborted her pregnancy by administering medicine to her. Further
allegation against the petitioner is that he forcibly took away the
informant to the house of his friend and snatched her mobile and
sent her obscene photographs to her family members on
Whatsapp and threatened that he would make viral her
photograph on social media.
Patna High Court CR. MISC. No.75786 of 2025(3) dt.21-01-2026
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The informant and the petitioner were having the
consensual relationship and on call of the informant, the
petitioner used to go to her house and at one such incident he
was caught by her family members and a panchayati was held
where both sides undertook not to indulge in such type of
activities in future. Even from the statement of the father of the
informant, it is also apparent that when the marriage was not
solemnized, this false case has been lodged. Learned counsel
further submits that even in her statement under Section 183
B.N.S.S., the informant has not alleged any sexual assault and
forceful relationship except for saying that she was forcibly
taken to the house of the friend of the petitioner, where her
mobile was snatched and her obscene photograph was sent by
the petitioner. The petitioner has got no criminal antecedent and
he is in custody since 05.08.2025. The charge sheet has been
submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.75786 of 2025(3) dt.21-01-2026
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voluntary and consensual relationship of the parties and also
considering the clean antecedent of the petitioner, his period of
custody and submission of charge sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea/concerned Court in connection with Kasba
P.S. Case No. 207 of 2025, subject to the conditions mentioned
in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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