Abhishek Kumar Ashish @ Nishant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72536 of 2023 Arising Out of PS. Case No.-483 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Abhishek Kumar Ashish @ Nishant Son Of Satendra Kumar Ram R/O Chini Mill, P.S. - Nagar, Distt. - Buxar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Prabhakar For the State :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard Mr. Kumar Prabhakar, learned counsel for the petitioner, informant and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 417, 376, 120B of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. Petitioner is said to have established physical relation with the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner has relied upon Apex Court judgment in the case of Ansaar Mohammad Vs. The State of Rajasthan & Anr. passed in Cr. Appeal No. 962 of 2022 in which it is held that if the victim has willingly been staying with the petitioner and had the relationship, the same

Patna High Court CR. MISC. No.72536 of 2023(4) dt.09-04-2024 2/2 cannot be a ground for lodging an FIR for the offence under Section 376 (2) (n) of IPC. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and informant opposing the prayer for bail submit that the petitioner established physical relation with the victim for more than four years on the pretext of marriage.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Pirbahore P.S. Case No. 483 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T