Satyam Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31396 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- MAHILA PS District- East Champaran ====================================================== Satyam Tiwari son of Sanjay Tiwari Resident of Village- Raghunathpur, P.S.- Raghunathpur O.P.(Turkauliya), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Shyameshwar Dayal, APP For the Informant :

Ms. Ranjana Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 420, 120B, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, the victim has alleged that this petitioner sexually exploited her on false assurance of marriage. It is further alleged that this petitioner also took the earnings of the victim and lastly denied to marry her.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. From bare perusal of the F.I.R. it is apparent that both petitioner and informant were major when the friendship developed and enjoyed each other's company for more than six years and

Patna High Court CR. MISC. No.31396 of 2024(5) dt.04-09-2024 2/2 indulged in sexual act being fully aware of the consequences of the relationship, as such, the same cannot be said to be induced or involuntary. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender 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 Chief Judicial Magistrate, East Champaran, Motihari, in connection with Mahila P.S. Case No. 50 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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