IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6086 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- WARISNAGAR District- Samastipur ======================================================

Abhishek Kumar Son of Dharmesh Prasad Resident of Village - Shobhan Tara, P.S. - Khanpur, District - Samastipur ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ======================================================

Appearance :

For the Petitioner/s : Mr.Dhirendra Kumar, Advocate For the Informant : Mr.kaushal Kishore, Advocate For the Opposite Party/s : Mr.Bishweshwar Ram, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

10 07-01-2026 Heard Mr. Dhirendra Kumar, learned counsel for the petitioner, Mr. Kaushal Kishore, learned counsel appearing for the informant and Mr. Bishweshwar Ram, learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Warishnagar P.S. Case No. 202 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 69, 88, 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

3. The allegation against the petitioner is to establish physical relationship with the informant/victim on the false pretext of marriage.

4. It is submitted by Mr. Dhirendra Kumar, learned counsel appearing for the petitioner that relationship of petitioner with the informant/victim was consensual, who was admittedly major aged about 22 years and was in relationship with the petitioner for long two years.

5. It is pointed out that during course of investigation several witnesses supported that petitioner falsely implicated with the present case. It is further pointed out that during investigation, it transpires that informant/victim was not visited the nursing home on the date which she claimed to visit for her medical termination of pregnancy as per CCTV footage of said hospital. It is submitted by learned counsel that in view of non- convincing allegation of abortion, the allegation of physical relationship also prima facie false on its face.

6. Learned counsel further submitted that the statement of victim also appears contradictory to the extent of period of relationship and also the place where said relationship were established on multiple occasions with the petitioner, which further makes the occurrence doubtful on its face.

7. In view of aforesaid submission, learned counsel relied upon the legal report of Hon’ble Supreme Court as available through Biswajyoti Chatterjee Vs. State of West Bengal and Another reported in (2025) 5 SCC 749 and also relied upon the legal report of Hon’ble Chhattisgarh High Court as available through Prem Netam Vs. State of Chhattisgarh through Station House Officer reported in 2024 SCC Online Chh 10471.

8. Learned A.P.P. for the State duly assisted by Mr.

Kaushal Kishore, learned counsel appearing for the informant/victim, while opposing the prayer of anticipatory bail of the petitioner, submitted that petitioner was in relationship with the informant/victim for long two years and out of said relationship, she became pregnant, which was terminated after seven weeks, upon persuasion of this petitioner to get it terminate on assurance to solemnize marriage with her thereafter only.

9. It is submitted by Mr. Kishore that in furtherance of same, the pregnancy of the informant/victim was terminated with changed name namely, Ms. Muskan Kumari, in Life Imagine and Diagnostic Centre, Samastipur on 6^th of December, 2023.

10. In support of this fact, learned counsel qua informant drawn attention of this Court towards statement of father of the informant/victim recorded during course of investigation, where he also stated that after termination of pregnancy the physical condition of his daughter was deteriorated and thereafter he and other family members came to know that informant was in relationship with the petitioner and her medical