Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52310 of 2025 Arising Out of PS. Case No.-16 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Subodh Kumar S/O Rajgrihi Prasad Village- Agrerkala, P.S.- Surajpura, Dist.- Rohtas, At Present R/O Baijala, P.S.- Sasaram Mufassil, Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, A.P.P.
For the Informant :
Mr. Jay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner, informant learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Sasaram (T) P. S. Case No. 16/2024 in a case registered for the offences punishable under Sections 376, 354, 354(3) of the Indian Penal Code and Section 66(E) of the Information Technology Act.
3. As per the prosecution case, informant, namely, Shruti Kumari, aged about 19 years, filed written statement alleging therein that she was working as Teacher in Desire Vision Bihar Kaushal Vikash Mission, situated at Hasan Market, G.T. Road, Sasaram since two years where this petitioner is Director who established illicit relation with her. It is further
Patna High Court CR. MISC. No.52310 of 2025(2) dt.19-09-2025 2/3 alleged that in November 2023, petitioner took informant to Ranchi and again established relationship in a hotel and when she protested, she was threatened. On 12.12.2023, petitioner again called her at his residence and made physical relation with her and later also he continued the same. When informant disclosed about the incident to her father, she was refrained to attend the coaching center upon which petitioner threatened informant and 01.01.2024, she found a photograph thrown in front of her house. Hence, the F.I.R.
4. Learned counsel for the petitioner submits that from perusal of the F.I.R. it is apparent that informant was major when the relationship developed between the parties and was fully aware of the consequences of such relationship which continued for years. He further submits that acts of repeated intimacy and sexual relationship was consensual in nature and was not established under any false promise, threat or coercion and such, the same cannot be said to be induced or involuntary. As a matter of fact, it is a case of prolonged love affair between two consenting adults which has been given a colour of forcible sexual intercourse with oblique purpose and motive. Petitioner is in custody since 19.12.2024.
5. Learned A.P.P. for the State as well as learned
Patna High Court CR. MISC. No.52310 of 2025(2) dt.19-09-2025 3/3 counsel for the informant vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P. S. Case No. 16/2024.
(Prabhat Kumar Singh, J) Navya/- U T