Dularchand Kumar Das @ Dularchand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55003 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- AMAS District- Gaya ====================================================== Dularchand Kumar Das @ Dularchand Kumar S/o Latu Das R/o Village - Tandma, P.S. -Partapur, District - Chatra, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Amas P.S. Case No. 93 of 2024 registered for the offence under Sections 376, 34, 504 and 506 of the I.P.C.
3. The petitioner is named in the F.I.R. and is in custody since 12.09.2024.
4. The allegation against the petitioner is establish physical relation on false pretext of marriage, where she alleged to be in live-in relation with petitioner for last two years prior to lodging this FIR.
5. Learned counsel appearing on behalf of the petitioner submitted that when certain disputes raised for gift which was asked for cash of Rs. 4 lakhs and motorcycle which was alleged as
Patna High Court CR. MISC. No.55003 of 2025(4) dt.13-11-2025 2/3 dowry demand, the present false case was lodged against this petitioner. It is submitted that corporeal relation on false pretext of marriage is not amounting to rape, in support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Pramod Suryabhan Pawar Vs. State of Maharastra and Another [(2019) 9 SCC 608]. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual and legal submission and by taking note of fact as allegation of rape prima-facie appears when demand of dowry raised by petitioner and also allegation primarily suggest that relationship established between the parties on false pretext of marriage, coupled with fact that investigation of this case is already completed, where petitioner remains in custody since 12.09.2024, accordingly petitioner above named, is directed to be released on bail in connection with Amas P.S. Case No. 93 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Sherghati, Gaya/concerned court,
Patna High Court CR. MISC. No.55003 of 2025(4) dt.13-11-2025 3/3 subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T