Amlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43920 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- DARPA District- East Champaran ====================================================== Amlesh Kumar S/O Ramakant Prasad R/O Village- Nonya Bareo Tola, P.SPaharpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav, Advocate For the State :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Darpa P.S. Case No. 100 of 2025 registered for the offence punishable under Sections 64, 318(4) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The allegation against the petitioner is that he is the Devar of the victim and after death of his brother, he established physical relation with the victim on the promise of marriage. The petitioner is in custody since 24.04.2025.

4. Learned counsel for the informant vehemently opposed the prayer for bail.

5. From the FIR, it appears that it is a case of sexual relationship between two consenting adults.

Patna High Court CR. MISC. No.43920 of 2025(2) dt.16-07-2025 2/2

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Rape & POCSO Cases) District & Additional Sessions Judge, East Champaran, Motihari in connection with Darpa P.S. Case No. 100 of 2025. (Sandeep Kumar, J) P. Kumar U T