Deepak Kumar @ Deepak Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45592 of 2025 Arising Out of PS. Case No.-199 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Deepak Kumar @ Deepak Kumar Sharma S/o Parshuram Sharma Resident of Khurmabad, Near Lalit Bus Stand, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kant, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-09-2025 Heard Mr. Mukesh Kant, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376 and 420 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner has established physical relationship with the informant/victim on the false promise of marriage and when the informant pressurized him to marry, he denied.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that during the course of investigation, the victim has given her statement recorded under Section 164 of the Cr.P.C. wherein she has stated that on 6th
Patna High Court CR. MISC. No.45592 of 2025(3) dt.11-09-2025 2/3 December, 2022, the petitioner called her in a restaurant and in the cabin of that restaurant, they had physical relationship and that was consensual. She has further stated that they had physical relationship many times and the house of this petitioner. She has further stated that the petitioner is having her nude photographs and on the basis of those photographs, he has established physical relationship with her. She has further stated that when she got pregnant, the petitioner gave her abortion pill. She has further stated that when she pressurized him for marriage, he threatened her and denied.
Learned counsel for the petitioner has submitted that the victim/informant is major and from her statement under Section 164 of CrPC, it is clear that the relationship with the boy started with consensual physical relationship. It has also been submitted that this case has been filed with a view to pressurize the petitioner to marry her. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.03.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer for regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.45592 of 2025(3) dt.11-09-2025 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Siwan Muffasil P.S. Case No. 199 of 2025 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, Siwan.
(Ashok Kumar Pandey, J) Shubham/- U T