Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70465 of 2025 Arising Out of PS. Case No.-8 Year-2024 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Suraj Singh S/O Pramod Singh R/O Ward no.- 5, Village- Mau Dhaneshpur, P.O- Vidyapati Nagar, Police Stition- Vidyapati Nagar, District- Samastipur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Vidyapati Nagar P.S. Case No. 08/2024, registered for the offence under Sections 341, 342, 323, 376, 498A, 504, 506 and 34 of the Indian Penal Code.

3. The accused/petitioner is named in the F.I.R. and is in custody since 07.12.2024.

4. The allegation against the petitioner is to commit rape upon the informant aged about 19 years on false pretext of marriage, where first occurrence of sexual assault was alleged to be committed upon on 09.01.2024.

5. Learned counsel appearing on behalf of the petitioner submitted that the present implication raised when

Patna High Court CR. MISC. No.70465 of 2025(3) dt.14-11-2025 2/3 the marriage of the informant with petitioner could not solemnize due to their different religions. It is submitted that admittedly the informant was in relationship with the petitioner much prior to lodging this FIR. It is submitted that corporeal relationship on false pretext of marriage cannot be termed as rape. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as the implication of petitioner appears raised in the background of false promise of marriage, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 07.12.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Vidyapati Nagar P.S. Case No. 08/2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.70465 of 2025(3) dt.14-11-2025 3/3 like amount each to the satisfaction of learned Exclusive Special Judge (Rape and POCSO Act), Samastipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T