Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85577 of 2024 Arising Out of PS. Case No.-453 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Anil Kumar S/O Late Basanti Yadav R/O Jagur Tola Baredwa Ward No. 15, P.O.- Triveniganj, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Mayank Raj, Advocate Mr. Avinash Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Triveniganj P.S. Case No. 453 of 2023 instituted for the offence under Sections 376, 420 & 406 of the Indian Penal Code. 3.

As per prosecution case, petitioner deceived the informant into seven year relationship with false promise of marriage, sexually exploited her.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-09-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.85577 of 2024(3) dt.27-02-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There was love affair between the petitioner and the victim, aged about 28 years, which is evident from perusal of the FIR itself. Victim is major and sexual relationship was consensual. In this context, learned senior counsel for the petitioner has relied upon a decision of the Hon'ble Apex Court in the case of Pramod Suryabhan Pawar vs. State of Maharashtra & Anr. reported in (2019) 9 SCC 608. Victim has refused for her medical examination. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.85577 of 2024(3) dt.27-02-2025 3/3 Court below/concerned Court in connection with Triveniganj P.S. Case No. 453 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T