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Patna High Court

RAJESH PANDEY @ RAJESH RANJAN PANDEYversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                          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


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