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Patna High CourtCR. MISC./65270/2025bail granted

Sudhir Kumar v. The State Of Bihar

2025-09-17Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65270 of 2025 Arising Out of PS. Case No.-757 Year-2024 Thana- MANER District- Patna ====================================================== Sudhir Kumar S/o- Dashrath Sahani @ Dashrath Chaudhary @ Vishwanth Sahani R/o- Islamganj, P.S. Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Maner P.S. Case no. 757 of 2024 registered under sections 69, 351(3), 323 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that she has been in a relationship with the petitioner for the last five years since 2019. The petitioner established physical relations with her assuring her that he would marry her. She further states that on two to three occasions, she has also conceived, but the petitioner made her to abort. It is further stated that the other co-accused threatened her that if she asked the petitioner for marriage, she would be killed. On 31.10.2024 at 10 p.m., she was assaulted.

Patna High Court CR. MISC. No.65270 of 2025(2) dt.17-09-2025 2/3

4. Learned counsel for the petitioner submits that from the contents of the FIR itself, it would transpire that the informant and the petitioner were in a consensual relationship for the last five years. The allegations of promise of marriage etc are all false and concocted. Further the allegation of assault are not only vague but not substantiated from any supporting documents. There is also no explanation as to why when the alleged assault took place on 31.10.2024, the matter was brought to the notice of the police six days later on 6.11.2024. The petitioner undertakes to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the relationship between the informant and the petitioner having continued for at least five years as per the contents of the FIR itself, in the facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Maner P.S. Case no. 757 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.65270 of 2025(2) dt.17-09-2025 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna. (Partha Sarthy, J) sauravkrsinha/- U T