Lalan Tiwari @ Rajnish TiwariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37468 of 2026
                 Arising Out of PS. Case No.-551 Year-2023 Thana- MADHUBAN District- East Champaran
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                 Lalan Tiwari @ Rajnish Tiwari S/o Jai Mangal Tiwari Resident of Village-
                 Goshaipur, P.S.- Shyampur Bhatha, District- Sheohar
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Adv.
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Chandra Bhushan Prasad.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 363, 365,

                   376, 506, 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that her cousin Bhabhi (Ashmita) called and asked her to

                   come to her parental house on 16.06.2023, further the informant

                   went to the house of Ashmita, where named accused persons

                   including the petitioner were present from before, it is next alleged

                   that Ashmita and mother of Sahil made her drink some intoxicated

                   drink after assaulting her, as such she became unconscious and

                   when she regained consciousness she saw herself in a Shiva

                   temple, where Lalan put vermilion on her forehead and even made

                   her signed on an affidavit, further Lalan forcefully established
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          physical relation and kept her confined in a room, next alleges that

          Lalan took her to Delhi to a house of his friend and thereafter to

          Rajasthan to the house of his uncle and in both the places

          forcefully established physical relation, next alleges that by

          mistake, Lalan left his home, hence the informant called her father

          and asked him to come to Rajasthan hence her father came and

          brought her back, but Lalan threatened that he will viral her

          objectionable pictures on social media.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that the allegations as alleged in the

          FIR does not inspire confidence for the reason that the informant

          alleges that she had gone to the house of Ashmita on 16.06.2023

          where the occurrence is alleged to have taken place. It is further

          submitted that if the informant was missing from her house and

          did not come back, in that event, her family members including

          her parents ought to have instituted an FIR with an allegation that

          informant is missing after she went to the house of Ashmita but

          then that was not done. It is also submitted that petitioner and the

          informant were in love and they married and thereafter they stayed

          at Delhi and Rajasthan but when her father came to Rajasthan and

          brought her back home, thereafter she was pressurized to leave

          Lalan as her parents wanted to get her married to another boy. It is
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          also submitted that during course of investigation, the statement of

          the mother of the informant was recorded at para-87 of the case

          diary, wherein she has stated that the informant has been married

          to a different person and out of the wedlock a child was born and

          now they do not want to pursue the case. It is further submitted

          that statement of the informant was recorded under section 164

          Cr.P.C. as would manifest from Para-40 of the case diary, wherein

          she has not supported the case of the prosecution, as alleged in the

          FIR. It is also submitted that it absolutely does not stand to reason

          that the FIR has been instituted by the victim after her return

          which further casts an aspersion on the case of the prosecution. It

          is next submitted that the date of occurrence is16.06.2023 and the

          FIR came to be instituted on 03.11.2023. It is next submitted that

          if privilege of anticipatory bail is granted, the petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that though it has

          been submitted based on material which transpired during the

          course of investigation that mother of the informant has stated that

          informant has been married to another boy and out of the wedlock

          a child was born and informant has not supported the case of the

          prosecution in her statement recorded under section 164 Cr.P.C. as
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                       alleged in the FIR but then the case diary has not been called for,

                       on which, the learned counsel appearing on behalf of the petitioner

                       submits that the said submission has been made from the case

                       diary and gave the same to the learned APP and the learned APP

                       after perusing Para-40 and 87 of the case diary does not dispute

                       the submissions made by the learned counsel appearing on behalf

                       of the petitioner.

                                    6. After hearing the learned counsel for the parties, the

                       petitioner above-named, in the event of his arrest or surrender

                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees

                       Ten Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned trial court where the case is

                       pending/successor court in connection with Madhuban P.S. Case

                       No.551 of 2023, subject to the conditions as laid down under

                       Section 438 (2) of the Cr.P.C.



                                                                (Satyavrat Verma, J)
amit/-

U        T