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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Kumar Rishiraj S/o Late Lalan Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. filing of fir and background of the case. (Para 1 , 2) |
| 2. arguments of the petitioner challenging the fir. (Para 3 , 4 , 5 , 6) |
| 3. court's observations on the relationship dynamics and evidence. (Para 8 , 9) |
| 4. nature of relationship and implications of consensual acts. (Para 10) |
| 5. legal analysis of consent and misconception of fact. (Para 11 , 12) |
| 6. conclusion and quashing of fir. (Para 19 , 20) |
JUDGMENT :
SANDEEP KUMAR, J.
1. This application has been filed for quashing of the First Information Report vide Bhabhua P.S. Case No. 186/2023 dated 06.03.2023, arising out of Complaint Case No. 1443/2022, registered for the offences under Sections 376 , 420, 406, 120-B, 34 of the INDIAN PENAL CODE .
2. The prosecution case, in brief, is that in the year 2015, informant was appointed as Constable in Bihar Police and on 08.11.2015, she has joined her duty at Rohtas District Police Line, Dehari and from there, she was deputed to Sasaram Court. The petitioner was also deputed at Model Police Station, Sasaram. Informant was residing at Dehri and used to do her duty at Sasaram, and she met with the petitioner. The informant alleged that the petitioner established physical relation
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
(1) Exercise of inherent jurisdiction – High Court does not have to go in detail by way of minute examination about correctness or otherwise of facts alleged – Court has to examine the same by taking....
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
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