Sahroj @ Md. Sahroj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15132 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- RAUTA District- Purnia ====================================================== SAHROJ @ MD. SAHROJ ALAM Son of Md. Jahur Resident of village - Nandania, P.S.- Routa, District - Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bijendra Kumar Singh, Advocate For the State :

Mr.Umeshanand Pandit, APP for the informant Mr. Dr.Bidhu Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner, the State and the informant.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 376/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner established physical relation with the informant on the pretext of marriage and pregnancy of the informant was also got aborted at his instance.

Learned counsel for the petitioner submits that there was love affair between the parties and with consent of the informant, petitioner established physical relation. Both of them engaged in sexual activity for quite some time which cannot be

Patna High Court CR. MISC. No.15132 of 2023(3) dt.22-06-2023 2/2 said to be induced and involuntary. As such, allegation of inducement and commission of rape is not made out against the petitioner. Petitioner has got no criminal antecedent. Learned counsel for the State as well as the informant oppose the prayer for bail.

Considering the fact that both the parties engaged in sexual activity for quite some time which cannot be said to be induced and involuntary, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class, Purnea in Routa Police Station Case No. 143 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T