Patna High Court
Chitranjan Rai @ Chitranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a cash bond, sureties and conditions of appearance.
Summary
The petitioner, Chitranjan Rai, was charged under Sections 87, 64(1) and 137(2) of the Bharatiya Nyaya Sanhita, 2023 for alleged rape following a false promise of marriage. The victim’s statement recorded under Section 183 of the same Act did not corroborate the allegations, and the FIR was lodged six months after the purported incident. The petitioner, who has been in custody since 16 June 2025 and has no prior criminal record, sought bail. The State opposed the bail application. Considering the victim’s non‑supportive statement, the length of custody already served, and the absence of antecedents, the Court inclined to grant bail with a cash bond of Rs. 15,000 and two sureties, subject to conditions of family surety and regular appearance in court. The bail was ordered to be released after framing of charge if not already done.
Issues considered
- Whether bail should be granted to the accused under Sections 87, 64(1) and 137(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the victim’s statement under Section 183.
- Whether the six‑month delay in filing the FIR and the period of custody already undergone affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 64(1), 87
Subjects
- bail
- rape
- false promise of marriage
- victim statement
- Bharatiya Nyaya Sanhita
- Section 183
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 76918 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Chitranjan Rai @ Chitranjan Kumar S/O Pramod Rai Resident of Village-
Hanuman Nagar, P.S.- Rajepur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Baitha S/O Late Samaj Baitha R/O Village- Hanuman Nagar, P.S-
Rajepur, Distt.- East Chamapran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and Mr.
Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Rajepur
P.S. Case No. 188 of 2025, instituted for the offences under
Sections 87, 64(1), 137(2) of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that petitioner
committed rape upon the victim under the false promise of
marriage and when she became pregnant, petitioner left her and
solemnized marriage.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No. 76918 of 2025(3) dt.28-01-2026
2/3
Charge-sheet has been submitted in this case. On recovery, the
statement of the victim has been recorded under Section 183 of
BNSS in which she has not supported the allegation made in the
F.I.R. The petitioner is alleged to have established physical
relationship on the assurance of marriage. Subsequently, for one
reason or the other, the marriage could not be solemnized and
for the said reason, the present case has been instituted. Learned
counsel for the petitioner has further placed reliance on cases of
the Hon’ble Supreme Court since reported in 2018 SCC OnLine
SC-3100 (Dr. Dhruvaram Murlidhar Sonar Vs. The State of
Maharastra & Ors) and (2019) 9 SCC 608 (Pramod
Suryabhan Pawar Vs. The State of Maharashtra and Ors.).
The F.I.R. has been lodged on 13.06.2025 after six months of
the alleged occurrence. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 16.06.2025 and
has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the statement of victim
recorded under Section 183 of BNSS, as also the period of
custody undergone by the petitioner, this Court is inclined to
Patna High Court CR. MISC. No. 76918 of 2025(3) dt.28-01-2026
3/3
grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Rajepur P.S. Case
No. 188 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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