Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8357 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- SIRISIYA District- West Champaran ====================================================== Sandeep Kumar Son of Mahangu Yadav Resident of village - Patkhauli, Police Station - Sanichari, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 126(2), 115(2), 87, 64, 352, 351(2), 3(5) of the B.N.S., 2023.

3. The informant has alleged that during her coaching at Mishrauli chowk, this petitioner proposed her for marriage and thereafter, made physical relation with her on several times. It is further alleged that on 18.06.2024, the informant left her home with cash of Rs. 60,000/- and ornaments to live with this petitioner, but both were apprehended by police where this petitioner assured informant for solemnizing marriage within 2 months and thereafter, on 25.08.2024, when informant went to

Patna High Court CR. MISC. No.8357 of 2025(3) dt.28-04-2025 2/3 the house of petitioner, then other accused persons became annoyed and assaulted her and also threatened to kill.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. From perusal of the F.I.R., it is apparent that both were major and they were in relationship for quiet some time. They enjoyed each others company for six years and indulged in sexual act, which cannot be said to be induced or involuntarily. The relationship was consensual. He further submits that the informant, in her statement recorded under Section 183 B.N.S.S., has not alleged any physical assault against this petitioner. As per medical report, the doctor has also not found any sign of recent sexual assault. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate 1st Class, Bettiah, District - West Champaran in connection with Sirisiya P.S. Case

Patna High Court CR. MISC. No.8357 of 2025(3) dt.28-04-2025 3/3 No. 71 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Prabhat Kumar Singh, J) anay U T