Patna High Court
RAJESH PANDEY @ RAJESH RANJAN PANDEYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to bail, and the provisional bail previously granted is confirmed.
Summary
Rajesh Pandey was arrested in connection with a case alleging that he cheated an informant by promising marriage, taking Rs 40 lakhs, and committing offences under sections 69, 318(4), 303(2), 351(2) and 3(5) of the Bihar Negotiable Instruments Act, 2023. He had been in custody since 15 Oct 2025 and had earlier been granted provisional bail on 15 Jan 2026. The petitioner argued that there was no proof of money transfer and that the matter amounted to a consensual adult relationship, relying on the Supreme Court’s decision in Samadhan v. State of Maharashtra. The informant opposed bail, producing evidence of a Rs 90,000 bank transfer and alleging the petitioner’s use of her vehicle. The court, noting the consensual‑sex aspect and the Supreme Court precedent, confirmed the provisional bail, ordered the petitioner to deposit a Rs 1 lakh bank draft in favour of the informant, return the vehicle, and allowed the informant to pursue civil recovery. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted in a case involving alleged cheating, false promise of marriage and alleged financial fraud.
- Whether the alleged consensual adult relationship negates the seriousness of the charges for bail purposes.
- Whether the evidence of money transfer and use of the informant’s vehicle impacts the bail decision.
- Whether the Supreme Court precedent in Samadhan v. State of Maharashtra is applicable to the present bail application.
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 303(2), 318(4), 3(5), 351(2), 69
Subjects
- bail
- cheating
- false promise of marriage
- financial fraud
- consensual adult relationship
- provisional bail
- Supreme Court precedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89756 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Rajesh Pandey @ Rajesh Ranjan Pandey, S/O Late Parmanand Pandey, R/O
Vill.- Kumar, P.S.- Sikandra, Dist.- Jamui.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar Pandey, Advocqate
Ms. Kumari Pallavi, Advocate
Mr. Satya Prakash Parasar, Advocate
For the Opposite Party : Mr. Shayam Kumar Singh, APP
For the Informant : Mr. Nikhil Sharma, Advocate
Mr. Vijay Kishore Bharti, Advocate
Mr. Abhijeet Gautam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 05-05-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Kankarbagh P.S. Case No.282 of 2025 registered for the offence
under sections 69, 318(4), 303(2), 351(2) and 3(5) of the B.N.S.,
2023.
3. The petitioner is accused of cheating the
informant and establishing physical relationship with her by
making a false promise of marriage. It is also alleged that the
petitioner had, in different phases, taken an amount of
Rs.40,00,000/- from the informant.
Patna High Court CR. MISC. No.89756 of 2025(7) dt.05-05-2026
2/4
4. The petitioner is in custody since
15.10.2025. By an order dated 15.01.2026, the petitioner has
been granted provisional bail by a coordinate Bench of this
Court.
5. Learned counsel for the petitioner submits
that there is no proof of transfer of money in the account of the
petitioner. He further submits that basically it is a case of
consensual sex between two adults and therefore, the petitioner
may be granted bail. In support of this submission, he has relied
upon a decision of the Hon’ble Supreme Court in the case of
Samadhan vs. State of Maharashtra & Anr. passed in
Criminal Appeal No.5001 of 2025, arising out of Special
Leave Petition (Crl.) No.6906 of 2005.
6. Leaned counsel for the informant has
opposed the prayer of the petitioner for grant of bail by
submitting that the informant had sold a piece of land for
Rs.40,00,000/- and the money which she got from the land sale
has been given to the petitioner at different point of time. The
informant has annexed the proof of transfer of Rs.90,000/- in the
bank account of the petitioner in the counter affidavit. It has
been submitted by the learned counsel for the informant that the
petitioner is using the vehicle belonging to the informant.
Patna High Court CR. MISC. No.89756 of 2025(7) dt.05-05-2026
3/4
7. Considering the fact that it seems to be a
consensual sex between the two adults and also the law laid
down by the Hon’ble Supreme Court in the case of Samadhan
vs. State of Maharashtra & Anr. (supra), I am of the view that
the petitioner deserves bail.
8. Accordingly, the provisional bail granted to
the petitioner vide order dated 15.01.2026 is hereby confirmed.
He is not required to furnish fresh bail bonds.
9. At the time of furnishing bail bonds, the
petitioner shall furnish a bank draft of Rs.1,00,000/- prepared in
the name of the informant in the Court below. The court below,
in turn, will release the same in favour of the informant.
10. If the petitioner is using the vehicle of the
informant, which is registered in the name of the informant or
any of her family member, then the same shall be returned to the
informant forthwith.
11. The informant is given liberty to initiate
appropriate proceeding(s) in the concerned District Court for
recovery of the amount, as claimed by her in the present
proceeding.
12. It is made clear that the observations made
herein are prima facie in nature and confined only to the
Patna High Court CR. MISC. No.89756 of 2025(7) dt.05-05-2026
4/4
adjudication of the present application for bail and shall not be
construed as an expression on the merits of the case.
13. Accordingly, this application is allowed.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.