Shakti Sharan Munda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.926 of 2025 Arising Out of PS. Case No.-747 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Shakti Sharan Munda S/o Late Fulchand Munda R/o vill - Paika, P.S.- Angara, Distt.- Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Aditya Kumar Pandey, Advocate For the State :

Mr. Ganesh Prasad Singh, APP For the Informant :

Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant and this petitioner were posted in Sasaram Town P.S.. It is alleged that on the false promise of marriage this petitioner established physical relations with the informant and thereafter refused to marry her.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.926 of 2025(2) dt.11-02-2025 2/3 falsely been implicated in this case with oblique motive. From bare perusal of the F.I.R. it is apparent that at the time the relationship developed, both parties were major and enjoyed each others company for a long period. Both the parties were well aware of the consequences of such relationship. As a matter of fact, it was a consensual relationship and as such, the same cannot be said to be induced or involuntary. It is not the result of any misconception and as such the same would not amount to rape. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 747 of 2024, subject to condition as laid down under

Patna High Court CR. MISC. No.926 of 2025(2) dt.11-02-2025 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T