Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail after an FIR under Section 69 of the Bharatiya Nyaya Sanhita was lodged by an informant alleging that he had deceived her with a false promise of marriage and subsequently engaged in sexual relations. The petitioner contended that the relationship was consensual, the informant was an adult, and the allegations were fabricated. The informant opposed the bail, maintaining that the offence was non‑consensual. The court examined the nature of the accusation, the petitioner’s clean antecedent, and the lack of coercion, concluding that the FIR appeared to be false and the act was a consensual love affair. Accordingly, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and secure bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 69 of the Bharatiya Nyaya Sanhita where the alleged offence is based on a consensual relationship.
- Whether the FIR is false and the alleged act constitutes a non‑inducement or involuntary sexual act.
- Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the accusation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 482(2), 69
Subjects
- anticipatory bail
- Section 69
- consensual relationship
- false promise of marriage
- Bharatiya Nyaya Sanhita
- Section 482(2)
- clean antecedent
- sexual offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83001 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Raushan Kumar Son of Bhikhari Singh Resident of Khairwa, District-
Sitamarhi, P.S.- Bela, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P.
For the Informant : Mr. Praveen Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 69 of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., informant alleged that she met
petitioner through ‘Shadi.com’ website and thereafter, on false
promise of marriage, this petitioner established physical relation
with the informant and later, refused to marry.
4. Learned counsel for the petitioner submits that
entire case as set out in the F.I.R. is false and concocted.
Informant was major when the relationship developed between
the parties and was fully aware of the consequences of such
relationship. He further submits that acts of repeated intimacy
Patna High Court CR. MISC. No.83001 of 2025(4) dt.16-03-2026
2/2
and sexual relationship was consensual in nature and was not
established under any false promise, threat or coercion and such,
the same cannot be said to be induced or involuntary. As a
matter of fact, it is a case of love affair between two consenting
adults which has been given a colour of forcible sexual
intercourse with oblique purpose and motive. Petitioner claims
clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (Rape and POCSO), Patna in connection with Mahila P.
S. Case No. 103 of 2025, subject to condition as laid down
under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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