Pawan Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7110 of 2025 Arising Out of PS. Case No.-21 Year-2024 Thana- MAHILA PS District- Jamui ====================================================== Pawan Kumar Das Son of Mathura Das Resident of Village - Sundaritand, P.S. - Jhajha, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2025
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 Jamui Mahila Police Station Case No. 21 of 2024, dated 12.04.2024, disclosing offences punishable under Sections 341/323/493/376/504/506/509/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner, on the pretext of marriage, established physical relationship with the informant for five to six times and on the last occasion, on 08.12.2023. When the informant asked the petitioner to perform marriage, the petitioner refused giving misleading reply and when the parents of the informant came to know, then
Patna High Court CR. MISC. No.7110 of 2025(2) dt.22-03-2025 2/3 on 09.04.2024, they went to request the father of the petitioner to solemnize marriage of the informant with the petitioner, but they assaulted the informant' side.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and there is delay in lodging the First Information Report inasmuch as the last occasion the petitioner established physical relation with the informant was 08.12.2023 and the present First Information Report has been lodged on 12.04.2024. The relationship between the petitioner and the informant was consensual and from perusal of the impugned order, it would be evident that the informant was married to one Bipin Kumar Das about one year back and she was a married lady.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the informant was a married lady and there is no allegation in the First Information Report that from the very inception, the intention of the petitioner was to deceive and cheat the informant on the pretext of marriage, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.7110 of 2025(2) dt.22-03-2025 3/3
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned Sub Divisional Judicial Magistrate, Jamui, in connection with Jamui Mahila Police Station Case No. 21 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √