Raja Babu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54358 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- WARISNAGAR District- Samastipur ====================================================== Raja Babu Paswan S/O Shri Prem Lal Paswan @ Prem Lal Paswan R/O Village- Raghunathpur, Ward No. 6, P.S- Waris Nagar, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered under Sections 126(2), 115(2), 69, 88, 351(2) and 3(5) of the BNS.
3. As per the FIR, this petitioner on the false promise of marriage established physical relation with the informant and later on refused to marry.
4. Learned counsel for the petitioner submits that from perusal of the FIR it is apparent that both parties were major and the informant was well aware about the consequences of such relation. The relationship continued for eight years as such the same cannot be said to be rape. It is a case of prolonged love affair between two consenting adult and has been given colour of forcible sexual intercourse with oblique motive and purpose. He further submits that repeated act of
Patna High Court CR. MISC. No.54358 of 2025(2) dt.25-08-2025 2/2 intimacy of sexual relations cannot be said to be under coercion or misconception. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Waris Nagar P.S. Case No. 110 of 2024.
(Prabhat Kumar Singh, J) Prakash/- U