Aarnav @ Arnav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58930 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Aarnav @ Arnav S/O Shri Arbind Kumar R/O Mohanpur, Post - Nalanda, Ambedkar More, P.S. Nalanda, Mari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate Ms.Kanupriya, Advocate Ms. Sushmita Sharma, Advocate Mr. Abhishek Anand, Advocate For the State :

Mr.Jagdhar Prasad, APP For the informant :

Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Buddha Colony P.S. Case No. 276/2023 registered on 29.04.2023 for the offences punishable under Section 376 of the Indian Penal Code.

3. As per the prosecution, the petitioner alleged to have established physical relationship with the informant several times on the pretext of marriage.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The petitioner and the informant both are major and came in physical contact with their consent. In fact, the present case has been lodged by the informant only with a view to save her skin

Patna High Court CR. MISC. No.58930 of 2023(2) dt.20-09-2023 2/2 from a criminal being Budha Colony P.S. Case No. 271 of 2023 lodged on 27.04.2023 in which the informant along with her colleague tried to kidnap the petitioner (Annexure-2 to the bail petition). The antecedent of the petitioner is clean.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is allegation in the FIR that the petitioner alleged to have established physical relationship with the informant in the pretext of marriage but subsequently denied it.

7. Learned APP for the State opposes the prayer for bail.

8. In the facts and circumstances, 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 6 weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Patna Sadar, in connection with Buddha Colony P.S. Case No. 276/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T