Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52057 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- CHHATAPUR District- Supaul ====================================================== Rahul Kumar Son of Phanilal Das @ Fanilal Das Resident of VillageHasanpur Ward No. 1, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Chhatapur P.S. Case No. 77 of 2025, lodged on 16.03.2025, under Sections 69/126(2)/115(2)/352 /351(2) / 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, FIR has been lodged by the informant intending that the petitioner has developed physical relation on the pretext of marriage with the informant.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.52057 of 2025(2) dt.12-08-2025 2/2 that from the content of the FIR also it becomes crystal clear that informant is a major and she herself had developed physical relation with the petitioner and subsequently when some villagers had seen she had filed criminal case against the petitioner. Counsel further submits that with the intervention of the well wishers, compromise took place, which is annexed as Annexure-2. Counsel submits that antecedent of the petitioner is clean and he ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in this case the victim has recorded her statement under Sections 180 and 183 Bharatiya Nagarik Suraksha Sanhita, 2023, in which she has categorically stated that the petitioner has developed physical relation with her own premise of marriage.

6. Considering the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of petitioner is hereby rejected. (Dr. Anshuman, J) Mkr./- U T