Patna High CourtCR. MISC./36772/2025bail granted

Akash Mushar v. The State Of Bihar

2025-11-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42605 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- GOPALPUR District- West Champaran ====================================================== Shibu Kumar Ram @ Shibu Kumar Son of Ramdhar Ram @ Ramdhari Ram Village- Sargatia Ward no. 15, Police station -Gopalpur District- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP For the Informant :

Mr. Rajdeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Section 69 of the BNS.

3. As per the prosecution case, it is alleged that on the pretext of marriage, this petitioner continued to have physical relation with the victim for the last six months and thereafter refused to marry.

4. Learned counsel for the petitioner submits that from bare perusal of the FIR it is apparent that both the persons were majors when the relationship developed and continued to several months and as such, it cannot be said to be induced or involuntarily. The relationship was consensual. The informant was very much capable of understanding the consequences of

Patna High Court CR. MISC. No.42605 of 2025(3) dt.21-11-2025 2/2 her action. Medical report does not support the contention of the prosecution. Petitioner claims clean antecedent and is in custody since 02.05.2025.

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

6. Considering the aforesaid facts and circumstances of the case, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, West Champaran, Bettiah in connection with Gopalpur P. S. Case No. 183 of 2024.

(Prabhat Kumar Singh, J) AjayMishra/- U