Bharat Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68449 of 2024 Arising Out of PS. Case No.-390 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Bharat Bind S/O Dashrath Bind @ Dasrath Vinda R/O Village- Awari, P.SMohania, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari D/O Ram Narayan Kushwaha R/O Village- Sawath, P.SDurgawati, District- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, A.P.P.

For the Informant :

Mrs. Mukul Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 376, 504, 506/34 of the Indian Penal Code and Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act.

3. As per prosecution case, petitioner and informant were in physical relationship for last two years on the pretext of marriage and when informant asked to marry, petitioner refused to do the same and threatened to kill her.

4. Learned counsel for the petitioner submits that from perusal of the F.I.R., it is apparent that both parties were

Patna High Court CR. MISC. No.68449 of 2024(3) dt.03-01-2025 2/2 major and relationship was consensual and continued for two years. Age of the complainant is more than 17 years and she is well aware of the consequences of such relationships. Moreover, dispute between the parties has already been resolved. Petitioner has got clean antecedent.

5. Learned learned counsel for the informant does not dispute the contention made on behalf of the petitioner and confirms the fact regarding the settlement entered into between the parties.

6. Considering the aforesaid facts and circumstances and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act cum ADJ-VI, Kaimur at Bhabua in connection with Mohania P. S. Case No. 390 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T