The court found that a consensual relationship does not automatically lead to criminal liability under allegations of sexual exploitation.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 04-02-2026 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 offence under Sections 406 , 419, 420, 376, 504 of the Indian Penal Code .

3. It is alleged that this petitioner, on the false promise of marriage, made physical relation with the victim (informant) and subjected her to repeated sexual exploitation for three years i.e. from 2021 to 2023 and also took a motorcycle & Rs. 8 lakh cash from informant’s brother-in-law and thereafter, refused to solemnize marriage.

4. Learned counsel for the petitioner submits that from perusal of the F.I.R., it is apparent that both parties are major and they were in relationship for quiet some time. They enjoyed each others company for three years and indulged in sexual act, which cannot be said to be induced or involuntarily. The relationship was consensual. The informant was very much capable of understanding the consequences of her action and simply because the relationship could not work out, it will not give rise to institution of F.I.R. for the offence under Section 376 of the Indian Penal Code . Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. In the facts and circumstances of the case, the prayer for anticipatory bail of petitioner is allowed. Accordingly, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned VIIth District & Addl. Sessions Judge-cum-Special Judge, POCSO, Nalanda at Biharsharif in connection with Chandi P.S. Case No. 179 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S. , 2023.

(Prabhat Kumar Singh, J)