Patna High Court

Ayush RajversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court allowed anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Ayush Raj, was implicated in a case under Sections 69, 3(5), 115(2) and 352 of the Bharatiya Nyaya Sanhita for allegedly demanding a dowry of Rs. 30 lakh and refusing to marry the informant, leading to accusations of forced sexual intercourse. The petitioner contended that the relationship was consensual, that the informant was an adult, and that the FIR was fabricated. He applied for anticipatory bail, arguing a clean antecedent and that the alleged acts were a prolonged love affair, not coercion. The State opposed the bail application. Considering the petitioner’s clean record and the nature of the allegations, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the alleged conduct constitutes offences under Sections 69, 3(5), 115(2) and 352 of the Bharatiya Nyaya Sanhita.
Whether the claim of consensual relationship negates criminal liability.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 115(2), 3(5), 352, 69

Subjects

anticipatory bail
dowry demand
forced sexual intercourse
consent
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
Section 69
Section 3(5)
Section 115(2)
Section 352
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8544 of 2026
                          Arising Out of PS. Case No.-86 Year-2025 Thana- Gehlaur District- Gaya
                 ======================================================
                 Ayush Raj Son of Arun Kumar Resident of Mohalla - AG Colony, Ranchi,
                 P.S. - Doranda, District - Ranchi (Jharkhand)

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 69, 3(5), 115(2), 352 of

                   the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner established physical

                   relation with the informant on several occasions and when

                   informant asked to marry, petitioner demanded dowry of Rs. 30

                   lacs and later on, 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 which continued for about three years. He further

                   submits that acts of repeated intimacy and sexual relationship
              Patna High Court CR. MISC. No.8544 of 2026(2) dt.23-02-2026
                                                          2/2




                        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 prolonged 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 A.P.P. for the State 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 Judicial Magistrate, 1st Class,

                        Gayaji in connection with Gahlour P. S. Case No. 86 of 2025,

                        subject to condition as laid down under Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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