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2025 Supreme(Online)(Pat) 4928

PATNA HIGH COURT
Satyavrat Verma, J
Arun Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.76684 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Sanjay Kumar
For the Respondents: Mr. Choubey Jawahar

Anticipatory bail may be granted when the accused shows willingness to cooperate in the investigation and no immediate threat of absconding exists.

Headnote:The petitioner seeks anticipatory bail under the applicable provisions related to criminal offences. Accusations of serious offences including abduction and rape against the petitioner arise from the complainant’s claims regarding coerced actions. The court outlines considerations for anticipatory bail including the nature of the accusations and the petitioner's clean record. The request is granted under specific conditions pending further legal proceedings.

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 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 127(3), 87, 64 and 303(2) of the BNS .

3. The SHO and the Investigating Officer of the case, in compliance of the order dated 27.11.2025, are present in the Court.

4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner is her co-villager and used to provide job. Further, the petitioner met her on 12.02.2025 and convinced her that he knows someone in Kolkata and he will get a job for her in the Secretariat but she will have to pay an amount of Rs.2,50,000/-. Further, the father of the informant wanted her to get married but she wanted to pursue her studies, thus, without informing her parents on 12.02.2025 itself the informant left home after taking Rs.1,50,000/- which her father had received after selling cattle along with ornaments with the petitioner and came to Kolkata. Further, the petitioner, during the course of journey to Kolkata, gave her biscuits, banana and water and after consuming the same, she became unconscious and when she regain consciousness she found herself in a room of a hotel and was completely unveiled and the petitioner forcefully raped her and continued with the act for 3-4 days. It is next alleged that petitioner informed that the person concerned is in Patna, hence, asked her to accompany to Patna and brought her back to Patna and kept her in a hotel at Gola Road and injected her and established physical relation. Further, on 16.02.2025, they left Patna for their house and on way petitioner assaulted her by a heavy object on her head and pushed her out of the car and took all her money and jewellery.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner and the informant were in a relationship and the informant being a major on her own after informing her parents had accompanied the petitioner to Kolkatta. It is next submitted that the relationship was purely consensual and the allegation of rape and assault is an exaggerated allegation. It is also submitted that had the informant been abducted by the petitioner in that event the parents of the petitioner would have instituted an FIR but then the instant FIR has been instituted by the victim herself which amply demonstrates that no such occurrence as alleged ever took place. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

6. The SHO and the Investigating Officer of the case, who are present in the Court, submit that all their endeavours to meet the informant have failed as the informant is not staying at the address as provided in the FIR.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 Maner P.S. Case No. 142 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

9. The personal appearance of the SHO and the Investigating Officer of the case is dispensed with.

(Satyavrat Verma, J)

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