Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59092 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Nagendra Kumar Son Of Sidheshwar Yadav R/V- Village- Paharawan, P.S.- Mufassil, Distt.- Aurangabad, At Present Posted As Sepoy, Gorkha Regiment, Rupa Asthan , Arunachal Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh, Adv.

Mr. Ujjwal Raj, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 198 of 2024 registered under Section 376 of the Indian Penal Code.

3. It is alleged that petitioner established physical relation with informant on pretext of marriage.

4. Learned counsel appearing on behalf of the petitioner submits that both parties are major. From perusal of the F.I.R., it is apparent that both parties were in relationship for quite some time and enjoyed each other's company for months together and indulged in sexual acts, and as such, it cannot be said to be induced or involuntarily. The relationship was consensual. The

Patna High Court CR. MISC. No.59092 of 2024(2) dt.19-09-2024 2/2 informant was very much capable of understanding the consequences of her action.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 198 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T