Patna High CourtCR. MISC./60769/2025bail granted

Prince Kumar v. The State Of Bihar

2025-09-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60769 of 2025 Arising Out of PS. Case No.-264 Year-2023 Thana- HILSA District- Nalanda ====================================================== Prince Kumar Son of Kishori Thakur @ Kishori Prasad Resident of Mohalla - Near Mehandiganj, P.S.- Mehandiganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-09-2025 Heard Mr. Harish Kumar, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Hilsa P.S. Case No. 264 of 2023, F.I.R. dated 07.05.2023 for the offences punishable under Sections 376, 506 and 34 of the Indian Penal Code.

3. According to prosecution case, this petitioner has established physical relationship with the informant on the false pretext of marriage and also clicked her nude photographs and tried to mislead her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per the allegation in the F.I.R, on the pretext of marriage this petitioner has established physical relations with the victim. He further submits that the allegation as alleged in the F.I.R. is false and

Patna High Court CR. MISC. No.60769 of 2025(2) dt.08-09-2025 2/3 fabricated and the petitioner has not committed any offences as alleged in the F.I.R and the victim was major at the time of occurrence and her date of birth as mentioned in her educational certificate is 06.02.2004 which suggest that on the date of occurrence she was major. Apart from that the petitioner and the informant (victim) have performed marriage before the Marriage Registrar, Patna City on 03.07.2025 and the Marriage Registrar has issued certificate which is Annexure-4 of the bail petition. He further submits that he has categorically stated in his bail petition that the informant (victim) is now living with the petitioner as his wife.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Additional Chief Judicial Magistrate I, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 264 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.60769 of 2025(2) dt.08-09-2025 3/3 Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. One of the bailors shall be the vicitm, namely, Suruchi Kumari.

ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T