Prabhash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22557 of 2025 Arising Out of PS. Case No.-497 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Prabhash Kumar Yadav S/O Durga Nand Yadav @ Durga Yadav R/O Vill.- Laksena, P.S- Phulparas, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju @ Anju Kumari D/O Late Banarsi R/O Vill. - Sthir, P.S- Rohat, DistHaryana ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Phulparas P.S. Case No. 497 of 2023, lodged on 12.10.2023, under Sections 341/323/376/379/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the petitioner and five others. It has been stated in the FIR that petitioner came in contact with the informant (who was already

Patna High Court CR. MISC. No.22557 of 2025(3) dt.02-07-2025 2/3 married). It has been alleged that petitioner has developed physical relation with the informant enticing her on the ground that he will marry with the informant and subsequently snatched Rs.10,000/- from the informant.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the informant is a married woman and under conspiracy petitioner's name has been inserted in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on the previous occasion case-diary and statement of victim was called for.

6. From the case-diary and the statement of victim her age was shown as 24 years and from the statement of victim it transpires that physical relation has been developed between them with consent.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M.-II, Jhanjharpur, Madhubani, in

Patna High Court CR. MISC. No.22557 of 2025(3) dt.02-07-2025 3/3 connection with Phulparas P.S. Case No. 497 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T