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Patna High Court

Acchhay KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, subject to bond and surety conditions and the power of the trial court to cancel bail under Section 482(2) of the BNSS.

Summary

The petitioner, Acchhay Kumar, sought anticipatory bail after being implicated in a case (PS‑387/2025) alleging offences under Sections 69, 351(2), 352, 89 and 3(5) of the BNS, 2023, including rape and forced abortion. The informant alleged that the petitioner had a consensual relationship that turned into sexual exploitation, pregnancy, and a forced abortion, culminating in a rape on 10‑07‑2025. The petitioner contended that the allegations were false, that the relationship was consensual, and that there was no evidence of pregnancy or coercion; he pledged to cooperate with the investigation. The State opposed the anticipatory bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs 10,000 bond with two sureties and subject to Section 482(2) of the BNSS, while reserving the right to cancel bail if the petitioner fails to cooperate. The order directed the trial court to enforce the bail conditions and to inform the police station.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged rape, forced abortion and other serious offences under the BNS, 2023.
  • Whether the petitioner is likely to abscond, tamper with evidence or otherwise obstruct the investigation.
  • Whether the allegations constitute a false case that warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • forced abortion
  • false case
  • Section 482
  • Criminal Procedure Code
  • BNS 2023
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88002 of 2025
                    Arising Out of PS. Case No.-387 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Acchhay Kumar S/O Rantosh Kumar Singh @ Rantosh Singh Resident of
                 Village- Indrar, P.S.- Pauthu, District- Aurangabad, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    Muskan kumari D/O- Sri Kamlesh Singh, R/O-Village- Gandhrap, P.S.-
                 Rafiganj, Dist.-Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   29-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 69, 351(2),

                   352, 89 and 3(5) of the BNS, 2023.

                                3. The learned counsel for the petitioner submits that

                   O.P. No. 2 despite receiving notice chooses not to appear and

                   contest.

                                4. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he called her on 03.10.2024 on her Mobile No.

                   9153451131 and asked her to meet on which she asked why he

                   intends to meet, on which the petitioner disclosed that he intends
Patna High Court CR. MISC. No.88002 of 2025(6) dt.29-04-2026
                                            2/4




          to talk on the issue of Public Distribution System, it is next

          alleged that accordingly she came out of the house to meet the

          petitioner when petitioner started pressurizing her for friendship

          and also threatened that if she refuses then he will commit suicide

          hence the informant also got ready, but with a condition that if he

          will disclose the said fact to his parents and will marry her, on

          which petitioner got ready hence the informant believed him, it is

          next alleged that thereafter petitioner started establishing physical

          relation and when no one was present in the house of the

          informant then also the petitioner used to visit her and indulged in

          physical relation and on several occasion had taken her to hotels

          in Gaya for establishing physical relation, it is further alleged that

          in the month of April, 2025, the informant became pregnant, but

          the petitioner got the pregnancy aborted by forcefully

          administering her medicine, it is next alleged that when informant

          pressurized the petitioner to marry, on which the petitioner stated

          that he will marry her after the marriage of his sister, further on

          10.07.2025, the petitioner brought her to his house and committed

          rape.

                       5. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the allegation

          as alleged in the FIR, it would manifest that the relationship was
Patna High Court CR. MISC. No.88002 of 2025(6) dt.29-04-2026
                                            3/4




          in between two consenting adults. It is also submitted that

          whenever such relationship sours, a false case of rape is

          instituted. It is next submitted that it does not appear probable

          that informant merely after knowing the petitioner would have

          allowed him to establish physical relation and that too on several

          occasion. It is also submitted that though it is alleged that

          petitioner took her to hotels on several occasion in Gaya for

          establishing physical relation, but then the name of the hotel is

          not mentioned in the FIR, which amply demonstrates that the

          informant, with a view to coerce the petitioner into submission,

          has instituted the instant case. It is next submitted that petitioner

          does not dispute his relationship with the informant, but then

          there was no promise of marriage. It is further submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence. It is also submitted that

          informant alleges that she became pregnant, but then during the

          course of investigation, no material transpired establishing

          pregnancy of the informant.

                       6. Learned A.P.P. for the State opposes the anticipatory

          bail application of the petitioner.

                       7. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks from
            Patna High Court CR. MISC. No.88002 of 2025(6) dt.29-04-2026
                                                        4/4




                      today, be released on anticipatory bail on furnishing bail bonds of

                      Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned trial court where the

                      case is pending/successor court in connection with Rafiganj P.S.

                      Case No. 387 of 2025 subject to the conditions as laid down

                      under Section 482 (2) of BNSS.

                                   8. However, it is made clear that in the event if the

                      Investigating Officer of the case files an application before the

                      learned Trial Court bringing to its notice that petitioner despite

                      giving assurance to this Court is not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.

                                   9. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                 10. Accordingly,             the   instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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