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2025 Supreme(Online)(Pat) 4927

PATNA HIGH COURT
SATYAVRAT VERMA, J
Arjun Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.76586 of 2025 | PS. Case No.-133 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Abhay Kumar
For the Respondents: Mr. Arun Kumar

Anticipatory bail can be granted when the relationship between parties suggests no immediate danger of absconding post-allegations.

Headnote:Statute Analysis: This judgment discusses anticipatory bail under B.N.S., 2023 & D.P. Act. The petitioner faces allegations of exploitation under false pretenses. Facts: The petitioner is accused of a relationship with a minor, now aged 25, alleging false promises of marriage. Court's Findings: The court considers the nature of the relationship and the elapsed time before the FIR was filed.

Issues: The court evaluates if the relationship was consensual despite the informant's allegations.

Ratio Decidendi: Considering the lack of immediate consequence in a seven-year relationship casts doubt on the allegations. Final

Result: The petitioner is granted anticipatory bail on complying with specified conditions.

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 02-12-2025 1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 69, 3(5) of the B.N.S. , 2023 & Sections ¾ D.P. Act .

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that she was in love with the petitioner since 2018 while she was a minor and the petitioner on false promise of marriage established physical relation, further the petitioner about two months back took her to Gujrat and established physical relation and thereafter brought her back about 10 days back, further the petitioner assured that he will marry her after making his parents understand, it is next alleged that the parents of the petitioner demanded Rs. 2 lacs by way of dowry and when she showed her inability, she was ousted from the house, thus alleges that petitioner exploited her physically on false pretext of marriage.

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 from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that she was in love with the petitioner since 2018 and the instant FIR came to be instituted in the year 2025 i.e. after seven years of relationship. It is also submitted that informant in order to give seriousness to the case, in the FIR alleges that she was a minor, when relationship started. It is submitted that relationship was in between two consenting adults and when the relationship soured, the present false case came to be instituted. It is next submitted that petitioner never promised that he will marry the informant. It is also submitted that it does not appear probable that the informant in seven years of relationship would not have felt that petitioner is cheating right from the beginning. It is reiterated and submitted that from the beginning only petitioner never promised the informant that he will marry her. It is also submitted that petitioner is not a criminal and he 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.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail B.N.S. 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 Warisnagar P.S. Case No.133/2025 subject to the conditions as laid down under Section 482(2) B.N.S. S.

(Satyavrat Verma, J)

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