← Library
Patna High CourtCR. MISC./7484/2026bail granted

Rajan Kumar @ Rakesh Kumar@ Ranjan Kumar v. The State Of Bihar

2026-02-04Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7484 of 2026 Arising Out of PS. Case No.-235 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Rajan Kumar @ Rakesh Kumar@ Ranjan Kumar S/O Satendra Prasad Sah @ Satendra Sah R/O Vill-Behata,P.S-Khajauli, Distt-Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-02-2026 Heard Mr. Manoj Kumar Pandey, the learned counsel for the petitioner assisted by Ms. Kumari Pallavi, the learned advocate and Mr. Binod Kumar, the learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered under Sections 126 (2), 115 (2), 69 and 3(5) of B.N.S.

3. The allegation in the First Information Report is that the informant and the petitioner had discussion about getting married to each other six months back which she disclosed to her family who told her not to disclose such fact but when she got to know about her pregnancy, the matter was discussed with the villagers for getting her married to the petitioner which did not happen.

Patna High Court CR. MISC. No.7484 of 2026(2) dt.04-02-2026 2/3

4. Learned counsel for the petitioner submits that the very tone and tenor of allegations made in the First Information Report itself would make it clear that the present allegation would not come within the ambit of Section 69 of the B.N.S as there is no allegations whatsoever of making any physical relationship much less a forcible one. As a matter of fact, the petitioner and informant are distant agnates amongst whom the marriage is not possible and the present informant is a major and also a married lady who has filed the present case only with a view to cause some extortion from the petitioner who is a government servant. It has also been indicated by way of Annexure-P/2 that earlier also she has been pursuing litigation against her husband for divorce and maintenance case.

5. The application for anticipatory bail is opposed by learned A. P.P. for the State.

6. Taking into consideration the facts and circumstances and also considering the nature of allegations alleged in the First Information Report which do not disclose any forcible physical relationship being established on pretext of marriage, let the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khajauli P.S.

Patna High Court CR. MISC. No.7484 of 2026(2) dt.04-02-2026 3/3 Case No. 235 of 2025 of on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the conditions that the petitioner would cooperate in the investigation.

(Soni Shrivastava, J) vashudha/- U T