Shyamsundar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70361 of 2023 Arising Out of PS. Case No.-503 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Shyamsundar Kumar Son of Hanuman Singh, Resident of VillageMishrawaliya, Dadar, Kaimur (Bhabhua), P.O.- Dadar, P.S.- Mohaniya, District- Mohaniya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yash Mathur, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 376 and 313 of the Indian Penal Code.

3. As per F.I.R., informant alleged that the petitioner raped her on the pretext of marriage and when her marriage fixed with other person, he called that person and told about her past relationship.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the allegation against the petitioner is false and concocted. He further submits that the victim is major aged

Patna High Court CR. MISC. No.70361 of 2023(2) dt.10-11-2023 2/3 about 24 years as per prosecution case. With the consent of the victim, the relationship was made. Learned counsel for the petitioner relies upon the judgment of the Apex Court in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra reported in (2019) 9 SCC 608. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes prayer for anticipatory bail and submits that the petitioner has established physical relationship with victim on the pretext of marriage since the victim was minor, the POCSO the petitioner and the said findings also came in the impugned order.

6. Considering the facts and circumstances of the case and it is also admitted facts that the victim was major during lodging of FIR and with the consent of the victim the relationship is made between them, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.70361 of 2023(2) dt.10-11-2023 3/3 Mohaniya P.S. Case No. 503 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T