Murari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71040 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Murari Choudhary, S/o Arun Choudhary Resident of village - Raghunandanpur, P.S - Bhagwanpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 69, 352 and 3(5) of the B.N.S. and Sections 3 and 4 of the D.P. Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and in sum and substance, the informant alleges that on false promise of marriage, the petitioner established physical relation.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant.. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the same

Patna High Court CR. MISC. No.71040 of 2025(2) dt.04-11-2025 2/3 does not even remotely suggest that informant was married from before rather the said fact has been concealed. It is next submitted that the informant had instituted Ujiyarpur P. S. Case No.412 of 2023 under Sections 341, 323, 498A and 34 of the I.P.C. read with 3 and 4 of the D. P. Act against her husband and others. It is also submitted that petitioner and informant are extended relative. It is next submitted that petitioner is already married and has a child out of the wedlock and is leading a happy conjugal life with his wife. It is further submitted that since informant is also a married lady and petitioner is also married from before, as such, promise of marriage does not arise. It is next submitted that even presuming what has been alleged is true without admitting, then the relationship was in between two consenting adults.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.71040 of 2025(2) dt.04-11-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P. S. Case No.63 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T