Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50405 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== SONU KUMAR Son of Sri Anarjit Ray @ Amarjit Ray R/o Village - Dharampur, P.S.- Bochaha, District - Muzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Ranjan, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner, informant and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 89, 351 ( 2 ), 352, 69 and 3(5) of BNS.
3 . The prosecution case , in brief, is that informant namely Rupa Kumari alleged that this petitioner who is her neighbour established physical relation with her on false promise of marriage as a result of which she became pregnant. It is further alleged that this petitioner got her pregnancy aborted and refused to marry her and also threatened to make her nude photographs viral through mobile .
4. Learned counsel for the petitioner submits that entire prosecution case set out in the F.I.R. is false and baseless.
Patna High Court CR. MISC. No.50405 of 2025(2) dt.19-08-2025 2/3 From bare perusal of F.I.R. it is apparent that both parties were adult and relationship between them continued for 2 years. Both of them enjoyed each others company and involved in sexual act for months together. The act of repeated intimacy and sexual relationship was totally consensual in nature and the same cannot be said to under any coercion , threat or misrepresentaiton The daughter of the informant was major and was fully conscious of all consequences of intimate relationship which continued for several months. He further submits that it is a case of long voluntary love affair between two consenting adults which had been given a colour of forcibly sexual intercourse with oblique purpose and motive . F.I.R. has been lodged only with a view to extort money and compelling petitioner to solemnize marriage with the informant. Petitioner claims clean antecedent.
5 . Learned counsel for the State and informant opposed the bail petition of the petitioner.
6. Considering the fact that both the parties were major when the relationship developed between them and informant was well aware of such relationship and its consequences and as such, the same will not amount to any criminal offence , in the event of arrest or surrender within eight
Patna High Court CR. MISC. No.50405 of 2025(2) dt.19-08-2025 3/3 weeks from today, let the petitioner, as named above , be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned JMFC Muzaffarpur (East ) in connection with Muzaffarpur Mahila P.S. case No. 23 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T