Bablu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6782 of 2026 Arising Out of PS. Case No.-123 Year-2025 Thana- THAKRAHA District- West Champaran ====================================================== Bablu Sharma S/O Brij Kishor Sharma R/O Village- Bhualpati, Police Station- Thakaraha, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rehna Khatoon w/o Jamir Ahmad, R/o Village Bhusa, Sasamusa P.S. Kuchai Kod, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shankar Sahay, Sr. Advocate Mr.Prerna Anand, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP For the Informant :

Mr.Rakesh Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2026 Heard Mr. Ravi Shankar Sahay, learned Senior counsel along with Mr. Prerna Anand, learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar Roy, learned APP for the State, as well as Mr. Rakesh Kumar Mishra, learned counsel appearing on behalf of the informant.

2. The petitioner seeks pre-arrest bail in connection with Thakraha P.S. Case No. 123/2025 registered for the offence(s) punishable under Sections 69,351(2),352,3(5) of the Bharatiya Nyaya Sanhita.

3. As per the allegation made in the FIR, the informant has stated that she has been living separately from her husband for the last four years pursuant to a panchayati

2/4 settlement. It is alleged that during this period, she developed healthy friendly relationship with the petitioner, who used to visit her village, and developed physical relationship with her on the assurance of marriage. It is further alleged that the petitioner had taken certain photographs and subsequently refused to marry her.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. The relationship between the petitioner and the informant was through social media and the informant, who is already living separately from her husband, was pressurizing the petitioner for marriage, and upon refusal, the present case has been instituted. Learned counsel further submitted that even as per the materials collected during investigation, the parties were major and the relationship was consensual in nature and the informant being major was knowing the consequence of such relationship. The petitioner has clean antecedents. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Per contra, learned counsel appearing on behalf of informant submitted that the petitioner from the very beginning established a physical relationship with the informant on the

3/4 false pretext of marriage without disclosing his prior marriage and thereafter deserted her and as such, the petitioner don't deserve to be released on pre-arrest bail.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

7. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR it appears that the dispute is arising out of a personal relationship between the parties, and it is admitted that the informant is a major and is already living separately from her husband. The materials on record also indicate that the element of coercion or inducement is not clearly made out, and the dispute appears to have arisen on account of refusal of marriage. The petitioner being major was knowing the consequence of such relationship. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

8. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending /

4/4 Concerned Court in connection with Thakraha P.S. Case No. 123/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

9. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T