Patna High Court
Pradip Kumar @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to standard conditions.
Summary
Petitioner Pradip Kumar applied for bail in a case registered under the Bharatiya Nyaya Sanhita, 2023 for offences including sexual assault and related crimes. The prosecution alleged that the petitioner had a physical relationship with the victim on the pretext of marriage, which later did not culminate in marriage. The victim’s statement recorded under Section 183 of the BNSS did not corroborate the allegations, and the petitioner claimed false implication and lack of prior criminal record. The State opposed bail, but the court considered the victim’s non‑supportive statement, the delay in filing the FIR, and the petitioner’s custody duration. Consequently, the court granted bail on a cash bond of Rs. 15,000 with two sureties and imposed conditions regarding appearance, non‑interference with evidence, and bail cancellation for violations.
Issues considered
- Whether bail should be granted to an accused in offences under Sections 64, 69, 352, 351(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 considering the victim’s statement under Section 183.
- Whether the delay in filing the FIR and the absence of corroborative evidence justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 303(2), 318(4), 3(5), 351(2), 352, 64, 69
Subjects
- bail
- sexual assault
- Bharatiya Nyaya Sanhita
- victim statement
- pretext of marriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81388 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- MAHILA PS District- Jehanabad
======================================================
Pradip Kumar @ Raja S/O Sanjay Kumar @ Sanjay Malakar R/O Village-
Bhalua, P.S- Belaganj, Distt.- Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Jehanabad Mahila P.S. Case No. 35 of 2025, instituted for the
offences under Sections 64, 69, 352, 351(2), 303(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioner
established physical relations with the victim on the pretext of
marriage.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
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
Patna High Court CR. MISC. No.81388 of 2025(3) dt.20-02-2026
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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 03.06.2025 after 66 days of the
alleged occurrence. The victim is major. Earlier the case was
registered u/s 64, 69, 352, 351(2), 303(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Charge-sheet has been
submitted u/s 352, 351(2), 318(4) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 26.08.2025 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
Patna High Court CR. MISC. No.81388 of 2025(3) dt.20-02-2026
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custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail 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 Jehanabad Mahila
P.S. Case No. 35 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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