Rakesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66331 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- DANIYAWAN District- Patna ====================================================== Rakesh Paswan Son of Mithilesh Paswan Resident of Village -Taraura, PSDaniyawan, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Deepti Pandey, Advocate Ms. Kamla Kant Pandey, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner seeks regular bail in a case registered for the offence punishable under section 376 of the Indian Penal Code .
3 . As per the prosecution case , on the pretext of marriage , this petitioner established physical relation with the informant. It is further alleged that petitioner threatened the informant with dire consequences.
4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that both parties were in relationship for several months and enjoyed each other's company, and indulged in sexual act and as such, it cannot be
Patna High Court CR. MISC. No.66331 of 2024(2) dt.06-12-2024 2/2 said to be induced or involuntarily. The relationship was consensual. The informant was very much capable of understanding the consequences of her action . Chargesheet has already been submitted. Petitioner is in custody since 05.09.2023 .
5 . Learned A.P.P. for the State vehemently opposed the bail application .
6. Considering the fact that both the parties were major when the relationship developed between them and which continued for more than two years together and informant was well aware of such relationship and its consequences and as such, the same will not amount to any criminal offence and period of custody, the bail application is allowed. Let the above named petitioner 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 Upper District and sessions Judge -1 Patna in connection with Session Trial No. 15 of 2024 arising out of Daniyawa P. S. Case No. 72 of 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T