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Patna High CourtCR. MISC./71910/2024bail granted

Prashant Kumar Ranjan v. The State Of Bihar

2025-03-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71910 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Prashant Kumar Ranjan S/o Vinodanand Das @ Vivekanand Das R/o VillageBraham Asthan, P.S- Bariyarpur, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Laxmi Kumari D/o Sri Ranjeet Sharma R/o Village- Braham Asthan, P.SBariyarpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the parties.

2. Petitioner seeks regular bail in a case registered for offence under Sections 376,354, 323, 341, 120B, 504, 506, 34 of the Indian Penal Code.

3. Allegation against petitioner is that he sexually exploited the informant for four years on false promise of marriage.

4. It is submitted by petitioner that from perusal of the F.I.R., it is apparent that both parties were major when they became friend and they were in relationship for quiet some time. They enjoyed each others company for about four years and indulged in sexual act, which cannot be said to be induced or involuntarily. The relationship was consensual. Informant was very much capable of understanding the consequences of her action and simply because the relationship could not work out, it will not give rise to institution of F.I.R. for the offence

Patna High Court CR. MISC. No.71910 of 2024(5) dt.05-03-2025 2/2 under Section 376 of the Indian Penal Code. Charge sheet has already been submitted and Petitioner is in custody since 24.7.2024.

5. Learned A.P.P. for the State and informant oppose the prayer for anticipatory bail. Learned counsel for the informant submits that the petitioner is named in the FIR with specific allegation that he sexually exploited the informant for four years on the pretest of performing marriage.

6. Considering the fact that the parties are major, they became friend and friendship continued for about four years and during that period they entered into sexual act, charge sheet has already been submitted and there is no allegation of tampering with the evidence and petitioner is in custody since 24.7.2024, let the above named petitioner be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Munger in Bariyarpur Police Station Case No. 94 of 2024.

(Prabhat Kumar Singh, J) Shashi U T