Anticipatory bail may be granted when the circumstances warrant it despite the relationship history, balancing legal protections and potential hardships.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 03-12-2025 1. Heard Ms. Bela Singh, learned counsel for the petitioner, Mr. Raja Ram Rai, learned counsel for the O.P. No.2 and Ms. Suman Kumari Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Town P. S. Case No. 975 of 2024 dated 26.11.2024 registered for the offence(s) punishable under Section(s) 69 and

351(3) of the BNS .

3. The main submissions advanced by the learned counsel for the petitioner are that it is an admitted position that the victim, who happens to be a relative of the petitioner, is a married lady and at the time of registration of the FIR, she was 29 year old and six days prior to the registration of the present FIR she had lodged an FIR against this petitioner with the same allegations, a copy of which has been filed with this petition. It is further submitted that the voter list's copy of the concerned Panchayat showing the name and marital status of the informant has been filed with this petition as Annexure- P/2.

4. On the other hand, learned counsel appearing for the informant has vehemently opposed the bail prayer of the petitioner and submits that the petitioner sexually exploited the informant on the pretext of marrying her and on account of that relationship the informant became pregnant and finally gave birth to a child and presently she and her minor child are facing hardships.

5. Learned APP appearing for the State has also opposed the bail prayer of the petitioner.

6. In the facts and circumstances of this case and considering the above submissions, mainly the fact that the informant, who is a 29 year old married lady, entered into physical relationship with this petitioner that started since 2020 while the FIR was lodged by her in the month of November, 2024, in my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Hajipur Town P. S. Case No. 975 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J)