Mukul Ray @ Mukul Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18136 of 2026 Arising Out of PS. Case No.-39 Year-2025 Thana- MAHILA PS District- Katihar ====================================================== Mukul Ray @ Mukul Kumar Ray S/o Late Baijnath Roy Resident of VillageMohodipur, Ward No.04, P.S- Mohiuddin Nagar, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, A.P.P.
For the Informant :
Mr. Pawan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2026 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 69, 126(2), 115(2), 352, 351(1)(3), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., informant alleged that on false promise of marriage, this petitioner established physical relation with the informant and thereafter, refused to marry.
4. Learned counsel for the petitioner submits that entire case as set out in the F.I.R. is false and concocted. Informant was major when the relationship developed between the parties and was fully aware of the consequences of such relationship which continued for about seven years. He further
Patna High Court CR. MISC. No.18136 of 2026(3) dt.09-07-2026 2/2 submits that acts of repeated intimacy and sexual relationship was consensual in nature and was not established under any false promise, threat or coercion and such, the same cannot be said to be induced or involuntary. As a matter of fact, it is a case of prolonged love affair between two consenting adults which has been given a colour of forcible sexual intercourse with oblique purpose and motive. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the backdrop of the case, nature of accusation and clean antecedent, 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 eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Katihar in connection with Katihar Mahila P. S. Case No. 39 of 2025, subject to condition as laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J) Navya/- U T