Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80331 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Ajit Kumar Son of Amarnath Yadav R/O Village- Saulighat Pali, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.A. Shamsi, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. N.A.Shamsi, learned counsel appearing on behalf of the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Sultanganj P.S.Case No.111 of 2023, registered for the offences punishable under Sections 420 and 376 of the Indian Penal Code.

3. As per the allegation made in the FIR, the informant admits that she was in relationship with the petitioner and in course of the said relationship, they entered into physical relationship. Specific allegation against the petitioner is that the petitioner had promised to marry her and has now refused to enter into permanent relationship of marriage.

4. Mr. N.A.Shamsi, learned counsel appearing on behalf of the petitioner submitted that both the petitioner and the informant are adult and they chose to have physical relationship with consent and there is no breach of trust as

Patna High Court CR. MISC. No.80331 of 2023(2) dt.10-01-2024 2/2 alleged in the FIR. The petitioner has clean antecedent.

5. Recently, the Apex Court in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr. reported in (2009) 9 SCC 608 has observed that "in the factual scenario where complainant was aware that there existed obstacles in marrying the accused and still continued to engage in sexual relations. The Apex Court quashed the FIR.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

7. Having considered the rival submissions made on behalf of the parties as well as the allegation made in the FIR, prima facie it appears that the parties were in relationship, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna in connection with Sultanganj P.S.Case No.111 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U