IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57766 of 2026 Arising Out of PS. Case No.-353 Year-2026 Thana- RUPASPUR District- Patna ====================================================== Rishikesh Bhartiya @ Rishikesh Kumar S/o Rajeshwar Prasad R/o Mohalla- Beur More, Anishabad, Police Station- Beur, District- Patna ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Sonam Mishra W/o Dhiraj Mishra Adya Traders, Behind Sushil Medical Hall, P.s.- Rajiv Nagar, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate Mr. Raj Krishna Jha, Advocate Mr. Arvind Kumar, Advocate Mr. Mouar, Advocate Mr. Pankaj Kumar, Advocate Mr. Ajay Kumar, Advocate For the Informant : Mr. Amarnath Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 19-08-2026 Heard learned Senior Counsel for the petitioner, learned counsel for the informant / O.P. No.2 and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Rupaspur P.S. Case No.353 of 2026, F.I.R dated 14.05.2026 registered for the offences punishable under Sections 126(2), 115(2), 69, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, in brief, is that the Patna High Court CR. MISC. No.57766 of 2026(2) dt.19-08-2026 2/5 informant, a single mother of two children, came to Patna in 2019 and started working in a private company, where she became acquainted with the petitioner, Rishikesh Bharatiya. He allegedly represented himself as unmarried, promised to marry and maintain her and her children, and on such assurance established physical relations with her and lived with her as husband and wife. She later came to know that he was already married. Thereafter, his wife and others allegedly assaulted the informant and her children, abused and humiliated her, snatched her jewellery and Rs.1,56,000/- in cash, and extended threats to her and her family. It is further alleged that the petitioner continued assuring her of marriage and divorce but subsequently abandoned her, resulting in loss of her employment and causing her physical and mental harassment. She accordingly sought appropriate legal action. 4. Learned counsel for the petitioner submits that the petitioner and the informant were in consensual relationship since 2024 and the informant is a major, aged about 30 years and is a married lady and from the allegation levelled in the F.I.R., it appears that on false pretext of marriage, the relationship is said to have been established. It has further been submitted that a married lady, whose marriage is still subsisting Patna High Court CR. MISC. No.57766 of 2026(2) dt.19-08-2026 3/5 and without there being any divorce, such allegation could not have been fastened against this petitioner when the informant was aware that the petitioner is also a married man having children. It has also been submitted that the informant and the petitioner were aware of the consequences before entering into such physical relationship and because of some bitterness, the relationship established between them, such consensual act cannot fall within the category of rape. In order to buttress his submissions, learned Senior Counsel for the petitioner has referred to various judgments of the Hon’ble Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra reported in (2019) 9 SCC 608, Prashant v. State (NCT of Delhi) reported in (2025) 5 SCC 764, Rajnish Singh v. State of U.P. reported in (2025) 4 SCC 197 and Jaspal Singh Kaural v. State (NCT of Delhi) reported in (2025) 5 SCC 756. It has lastly been submitted that the petitioner has clean antecedent and undertakes to cooperate with the investigation. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the petitioner and the informant were in consensual relationship since 2024 and the informant is a major, aged about Patna High Court CR. MISC. No.57766 of 2026(2) dt.19-08-2026 4/5 30 years and from the allegations levelled in the F.I.R., it appears that on false pretext of marriage, the relationship is said to have been established and that the informant is a married lady, whose marriage is still subsisting and without there being any divorce, such allegation could not have been fastened against this petitioner and the petitioner has clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. 7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released 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 A.C.J.M., Danapur, in connection with Rupaspur P.S. Case No.353 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every Patna High Court CR. MISC. MISC. No.57766 of 2026(2) dt.19-08-2026 5/5 date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T