Ranjeet Kumar @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63045 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- MAHILA P.S. District- Madhepura ====================================================== Ranjeet Kumar @ Ranjit Kumar S/O Surj Narayan Yadav @ Sury Narayan Yadav R/O Village- Biriranpal, P.S.- Uda-Kishunganj, District- Madhepura ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Sanjay Kumar Singh, Advocate For the State :

Mr.Sanjay Kumar Tiwary, Addl Public Prosecutor for the informant Mr. Udai Chand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 376/34 and other ancillary sections of the Indian Penal Code.

Prosecution case is that the petitioner on the pretext of marriage established physical relation with the informant. It is submitted by learned counsel for the petitioner that petitioner is Dewar of the informant's sister and both of them are major and were living together and engaged in sexual activity for a long time. Both of them enjoyed each others company. Due to family pressure, petitioner could not marry. Continued relationship for years cannot be said to be induced or involuntary. Even, the victim in her statement recorded under

Patna High Court CR. MISC. No.63045 of 2021(3) dt.23-08-2022 2/2 section 164 Cr. P. C. has stated that the petitioner is dewar of her sister and he told me that he would marry her. Thereafter he started living with her like husband and wife. Petitioner has got no criminal antecedent.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts and circumstances and the fact that the informant and the petitioner were major and lived as husband and wife for few years, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned 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 Sub Divisional Judicial Magistrate, Madhepura in Madhepura Mahila Police Station Case No. 15 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T