Chanda Kumar @ Chanda Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33347 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BARHARA KOTHI District- Purnia ====================================================== Chanda Kumar @ Chanda Kumar Mandal S/o- Dilip Mandal Resident Of Village- Sukhasan Tola, Ward No- 06, Ps- Barhara Kothi, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Barhara Kothi P.S. Case No. 41 of 2025, registered for the offences under Sections 127(2), 69, 351(2) of the BNS.

3. As per the prosecution case, the petitioner giving inducement of marriage to the informant established physical relationship with her. Later on the petitioner refused to marry the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No material has come up on record by which the involvement of the petitioner can be

Patna High Court CR. MISC. No.33347 of 2025(3) dt.13-08-2025 2/3 established. The informant is a major lady and during investigation it has come that her age was 25 years. Both the petitioner and informant/victim were adults and relationship between them was consensual. Learned counsel further submits that the FIR has been lodged on 07.03.2025 when the marriage of the petitioner was fixed. The petitioner is in custody since 21.03.2025 and he has no criminal antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that giving inducement of marriage the petitioner established in sexual relationship with the informant.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the possibility of consensual relationship between two adults, submission of charge sheet and period of custody of petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Purnea/concerned court, in connection with Barhara Kothi P.S. Case No. 41 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other

Patna High Court CR. MISC. No.33347 of 2025(3) dt.13-08-2025 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) anuradha/- U T