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Patna High Court

Nagendar KajiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that, due to the seriousness of the offences and the material evidence, bail could not be granted.

Summary

Nagendar Kaji was arrested in connection with an FIR alleging that he made a false promise of marriage, forcibly established a physical relationship with the victim, and subsequently refused to solemnize the marriage. The petitioner sought regular bail for offences punishable under Sections 420, 376, 504, 506 and 34 of the Indian Penal Code. The court examined the seriousness of the allegations, the nature of the offences, and the material evidence on record. It noted that the charges involved cheating, rape, criminal intimidation and a common intention to commit the offences. Considering these factors, the court concluded that the petitioner did not merit the benefit of bail at this stage. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

  • Whether regular bail can be granted to the petitioner given the seriousness of the offences under Sections 420, 376, 504, 506 and 34 IPC
  • Whether the nature of the allegations and the material on record justify denial of bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 420
  • Section 376
  • Section 504
  • Section 506
  • Section 34
  • false promise of marriage
  • criminal law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80506 of 2025
                  Arising Out of PS. Case No.-168 Year-2022 Thana- SAHODARA District- West Champaran
                  ======================================================
                  Nagendar Kaji Son of Binda Kaji R/O Village - Bagahi Sakhuwani, P.S.-
                  Dumri, District - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    X Daughter of Bhikhari Mahato R/O Village - Jamuniya, P.O.- Jamuniya,
                  P.S.- Sahodara, District - West Champaran.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Advocate
                  For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    09-02-2026                   Heard learned counsel for the parties.
                                 2. Petitioner seeks regular bail in a case registered for
                    the offences punishable under Sections 420, 376, 504, 506
                    and 34 of IPC .
                                 3 . As per F.I.R. on the false promise of marrige , this
                    petitioner is alleged to have forcibly established physical
                    relation with the victim and later, petitioner denied to solemnize
                    marriage with her.
                           4. Considering the seriousness and nature of accusation ,
                    materials available on record and other circumstances of the
                    case , prayer for pre – arrest bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T


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