Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48293 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- MAHILA PS District- Aurangabad ====================================================== Satish Kumar S/O Dharmendra Kumar @ Dharmendra Ram R/O VillageSalaiya , P.S- Salaiya , DISt- Aurangabad ,Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Suman Kumari D/o Vindeshwar Ram R/O Village-Manar Tola Rajandih, P.sDaudnagar , DISt- Aurangabad ,Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalbahadur Singh, Advocate For the State :

Mr.Sanjay Kumar Singh, APP For the Informant :

Ms.Kumari Chandana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 64, 351(2), 351(3), 3(5) of BNS, 2023 and section 4 of POCSO Act, 2012.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant, who is the victim, alleges that on 10.10.2023 at about 8:00 A.M, petitioner proposed her for marriage and thereafter established physical relation on multiple occasion in between 14.10.2023 and 16.10.2023 and also made video recording of the act and took photographs and later refused to marry. The informant had

Patna High Court CR. MISC. No.48293 of 2025(3) dt.17-09-2025 2/3 threatened to make the video viral, further, when her family pressurized the petitioner for marriage, the accused and his family members demanded dowry.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant and from perusal of the allegation as alleged in the F.I.R., it would manifest that the relationship in between the petitioner and the informant was consensual. It is also submitted that informant in the F.I.R., disclosed the age as 21 years but later, it was discovered that on the date of occurrence, she was 17 years 9 months. It is further submitted, no doubt, victim was a minor but then she has reached the age of discretion, where she could understand the consequences of her action. It is further submitted that petitioner and the victim were in love but still their marriage was being opposed by the family members, as such, they could not get married, but now the petitioner has married the informant, as such, no useful purpose would be served by sending the petitioner to jail.

5. Learned counsel appearing on behalf of the informant submits that she has instruction not to oppose the anticipatory bail application of the petitioner.

6. Considering the submissions made on behalf of the

Patna High Court CR. MISC. No.48293 of 2025(3) dt.17-09-2025 3/3 learned counsel appearing on behalf of the informant, the petitioner, above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Aurangabad Mahila P.S. Case No. 13 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) pallavi/- U T