Shubham Kumar Thakur @ Subham KumarversusThe state of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91595 of 2025

                      Arising Out of PS. Case No.-409 Year-2025 Thana- MALSALAMI District- Patna
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                 Shubham Kumar Thakur @ Subham Kumar Son of Uma Shankar Thakur
                 Resident of Mohalla - Jangli Prasad Lane, P.S. - Chowk, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The state of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Binay Kumar, Advocate
                 For the State           :        Mr. Manoj Kumar, APP
                 For the Informant       :        Mr. Bijendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-03-2026                  Heard learned senior counsel appearing on behalf of

                   the petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 69, 89 and

                   351(2) of the B.N.S..

                                3. As per prosecution case, it is alleged that on the

                   false pretext of marriage, this petitioner established physical

                   relations with the informant on various occasions for three years

                   and later on, refused to solemnize marriage. It is further alleged

                   that due to the same, the informant got pregnant and then, this
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          petitioner forcibly administered abortion pills to her.

                       4. It is submitted by learned senior counsel appearing

          on behalf of the petitioner that petitioner is quite innocent and

          has committed no offence. The entire prosecution case, as set

          out in the F.I.R., is out and out false, fabricated and concocted.

          As a matter of fact, from bare perusal of the F.I.R. it is apparent

          that both parties knew each other since long and with the

          passage of time, relationship developed. At the time when the

          relationship developed, both of them were major and were fully

          aware of the consequences of such a relationship. The

          relationship was consensual between two consenting adults and

          both of them enjoyed each others company for three long years.

          It is further submitted that only because the relationship could

          not continue and failed, the same does not amount to rape. The

          victim in her statement recorded under Section 183 of the

          B.N.S.S. has also stated that she was in relationship with this

          petitioner for the last three years. Rest of the allegations are

          ornamental in order to make the case grave. Petitioner claims

          clean antecedents.

                       5. On the other hand, learned A.P.P. for the State and
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          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioner and

          submitted that petitioner is named in the F.I.R. with specific

          accusation that on the false pretext of marriage, this petitioner

          established physical relations with the informant and later on,

          refused to solemnize marriage.

                       6. Considering the rival submissions advanced on

          behalf of learned counsel for the parties and the fact that from

          bare perusal of the prosecution case it is apparent that at the

          time when the relationship developed between the parties, both

          of them were major and enjoyed each others’ company for three

          long years the same cannot be said to be inducted or involuntary

          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 Additional Chief Judicial

          Magistrate-IV, Civil Court, Patna City in connection with

          Malsalami P.S. Case No. 409 of 2025, subject to condition as
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                       laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T