Patna High Court
Ravi Ranjan @ Gautam Kumar @ Ravi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as the alleged conduct did not amount to a criminal offence under the cited provisions.
Summary
The petitioner, Ravi Ranjan, sought bail in a case where he was charged under sections 115(2), 126(2), 352, 69 and 3(5) of the BNS and sections 3/4 of the D.P Act for allegedly promising marriage, engaging in a consensual sexual relationship, aborting a pregnancy, and allegedly demanding dowry and assaulting the informant. The prosecution alleged that the petitioner coerced the informant, while the defence argued that the relationship was a voluntary love affair with full consent and no criminal intent. The court examined whether the alleged conduct amounted to a criminal offence under the cited statutes, focusing on the presence of consent and the absence of false promise or coercion. Finding that the informant was aware of the relationship and its consequences, the court concluded that the allegations did not constitute a cognizable offence. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS.
Issues considered
- Whether the petitioner’s conduct constitutes an offence under sections 115(2), 126(2), 352, 69 and 3(5) of the BNS and sections 3/4 of the D.P Act.
- Whether bail should be granted in view of the nature of the allegations and the petitioner’s clean antecedents.
Legislation cited
Subjects
- bail
- consent
- dowry
- sexual offences
- false promise
- criminal procedure
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90397 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Ravi Ranjan @ Gautam Kumar @ Ravi Ranjan Kumar S/o Shyam Deo Das
R/V Makhmilpur, PS- Paliganj, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar , Advocate
For the Opposite Party/s : Mr. Abhay Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under sections 115 ( 2 ),
126 (2), 352, 69 and 3 (5) of BNS and 3/ 4 of the D. P Act.
3 . The prosecution case, in brief, is that the informant
was in long standing relationship with the petitioner who
allegedly promised to marry her. Based on the said promise,
this petitioner made physical relationship with the informant,
as a result of which, informant became pregnant and
thereafter, petitioner solemnized marriage with her and started
living as husband and wife and also got her pregnancy
aborted. It is further alleged that when petitioner took
Patna High Court CR. MISC. No.90397 of 2025(3) dt.17-02-2026
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informant to his house then family members of this petitioner
(co-accused persons) demanded dowry from informant and
refused to accept their marriage and also assaulted her and
ultimately, ousted informant from their house .
4. Learned counsel for the petitioner submits that
prosecution case set out in the F.I.R. is false and concocted.
Informant was conscious of all consequences of intimate
relationship which continued for three years. The act of
repeated intimacy and sexual relationship was totally
consensual in nature and was not established under any false
promise , threat or coercion . He further submits that it is a
case of long voluntary love affair between two consenting
parties, which had been given a colour of forcibly sexual
intercourse with oblique purpose and motive. Rest of the
allegations are ornamental in nature to make the case grave .
Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition of the petitioner.
6. Considering the fact that informant was well
aware of such relationship and its consequences and as such,
the same will not amount to any criminal offence , in the
event of arrest or surrender within eight weeks from today, let
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the petitioner, as named above , 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 the
learned Judicial Magistrate - 1st Class, Patna in connection
with Ranitalab P.S. case No. 232 of 2025 , subject to the
conditions laid down under section 482 ( 2 ) of BNSS.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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