Rajabul @ Md. Rajabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17753 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- AMAUR District- Purnia ====================================================== RAJABUL @ MD. RAJABUL S/O RAFIL R/O VILLAGE- KHARI BABHANDOBH, P.S- AMOUR, DISTT.- PURNEA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the State :

Mr. Akbar Ali, A.P.P.

For the Informant :

Mr. Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 313, 376, 504, 506/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner established physical relationship with the informant on false promise of marriage.

4. Learned counsel for the petitioner submits that at the time when the friendship developed between the parties, both were major and the relationship between them was consensual. Both parties enjoyed each other's company and were engaged in sexual activity for three years and as such, it

Patna High Court CR. MISC. No.17753 of 2024(3) dt.02-05-2024 2/2 cannot be said that the act was induced or involuntary. Petitioner claims clean antecedent.

5. Learned counsel for the informant vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 1st Additional Sessions Judge, Purnea in connection with Amour P. S. Case No. 308 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T