Alok Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66889 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== Alok Kumar Rai Arvind Kumar Roy Son Of Arvind Kumar Roy Village Dharmkppur Police Station Mohiuddin Nagar District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr.Adv.

Mr. Saroj Kumar Choudhary, Mr. Vikramadit.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023 Heard Mr. N.K.Agrawal, learned senior counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 376, 341, 323, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, on the false pretext of marriage, the petitioner established physical relation with the victim (informant) and after four years of alleged relationship, this petitioner refused to solemnize marriage with her (informant) and deserted her.

4. It is submitted on behalf of petitioner that from bare perusal of the F.I.R., it is manifest that both parties are major and they were in relationship for quiet some time. They enjoyed each others company for years together and indulged in sexual

Patna High Court CR. MISC. No.66889 of 2023(2) dt.19-10-2023 2/2 act, same cannot be said to be induced or involuntarily. The relationship was consensual. The informant was very much capable of understanding the consequences of her action. Petitioner has got clean antecedent.

Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Mahila P.S. Case No. 55 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T