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Patna High Court

Raushan Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted to the petitioner as the allegations were serious and warranted detention.

Summary

The petitioner, Raushan Kumar Das, applied for anticipatory bail in a case where the FIR alleged that he, along with others, kidnapped a 20‑year‑old woman, rendered her unconscious, and subsequently committed rape, sexual exploitation and demanded a dowry of Rs 10 lakhs. The FIR was lodged on 23‑07‑2025 for an incident that allegedly occurred on 10‑06‑2025, and the petitioner contended that the complaint was false, that the relationship was consensual and that there was a delay in filing. The State opposed the bail, emphasizing the seriousness of the offences listed under the Bihar Narcotic Substances Act, 2023, and the alleged kidnapping and rape. The court examined the nature of the allegations, the severity of the punishments, and the statement under Section 183 of the BNSS, and concluded that the petitioner’s conduct warranted denial of bail. Consequently, the application for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code given the nature of the allegations.
  • Whether the seriousness of the offences under the Bihar Narcotic Substances Act, 2023, and the alleged kidnapping and rape preclude the grant of bail.
  • Whether the delay in filing the FIR and the claim of consensual relationship affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • rape
  • dowry demand
  • Section 438 CrPC
  • Bihar Narcotic Substances Act
  • sexual exploitation
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90663 of 2025
                    Arising Out of PS. Case No.-46 Year-2025 Thana- MAHILA P.S. District- Madhubani
                 ======================================================
                 Raushan Kumar Das Son of Madan Das Resident of Village- Arer Durga
                 Mandir, P.S.- Patauna, District- Madhubani

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Priyanka Kumari D/o- Sri Shobhit Das R/o at - Bhauara Near Purani Durga
                 asthan ward no. -6 P.S. - Nagar District - Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Adv.
                 For the Opposite Party/s :       Mr. Anant Kumar 1, App.
                 For the O.P. No. 2       :       Mr. Shailendra Kumar Jha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Madhubani Mahila Police Station Case No. 46 of

                   2025, disclosing offences under Sections 126(2), 115(2), 137(2),

                   87, 64, 352, 351(2), 351(3), 3(5) of the BNS, 2023.

                                   3. As per the FIR, on 10.06.2025, while the

                   informant was returning from R.K. College, Madhubani, after

                   taking examination, petitioner along with 3 to 4 persons was

                   waiting and kidnapped the informant in a car after making her

                   unconscious with the help of some intoxicant material and when

                   she regained her senses, she found herself in the house of co-
Patna High Court CR. MISC. No.90663 of 2025(3) dt.01-04-2026
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          accused Ranjit Kumar Das, who is brother-in-law of the

          petitioner. It has further been alleged that brother-in-law

          informed the victim that petitioner has performed marriage with

          her. The petitioner committed rape and sexual exploitation of

          the informant. Thereafter, the informant told the petitioner to

          perform marriage upon which the petitioner demanded Rs. 10

          lakhs from the informant and asked her to bring the money from

          her parents.

                          4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in this case with

          concocted story. According to the FIR, the occurrence has taken

          place on 10.06.2025, but the FIR has been lodged after much

          delay on 23.07.2025. Between 10.06.2025 and 23.07.2025, no

          sanha and/or complaint regarding missing person was lodged by

          the parents of the informant. There was consensual relationship

          between the petitioner and the informant and the informant is

          major and is 20 years old. In fact, the informant eloped with the

          petitioner for the last two years and on her own sweet will, she

          moved from one place to another place with the petitioner. The

          victim herself pressurized the petitioner to perform marriage,

          but he refused and the present FIR has been lodged. The other

          accused persons have been granted anticipatory bail by a
           Patna High Court CR. MISC. No.90663 of 2025(3) dt.01-04-2026
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                     coordinate bench of this court.

                                     5. On the other hand, learned counsel for the

                     informant vehemently opposes the prayer for bail and submits

                     that in the FIR, there is a specific allegation against the

                     petitioner that he kidnapped the informant and established

                     physical relationship with her for so many days and when the

                     informant told the petitioner to perform marriage, he refused to

                     marry with her and raised exorbitant demand of dowry of Rs. 10

                     lakhs.

                                     6. Having regard to the submissions made on

                     behalf of the parties and taking into consideration the nature of

                     allegation against the petitioner and the severity of punishment

                     and the statement under Section 183 of the BNSS, I am not

                     inclined to grant the petitioner privilege of anticipatory bail.

                                     7. This application is, accordingly, rejected.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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