IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26438 of 2025 Arising Out of PS. Case No.-173 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== Seth Kumar S/o Late Nand Kumar Sao @ Late Nand Sao Resident of Village- Dindir, PS- Haspura, Distt.- Aurangabad ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Binita devi W/O Sunil kumar R/ O vill-Haspura P.S-haspura Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Singh For the Opposite Party/s : Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 06-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner seeks bail in connection with Haspura P.S. Case No. 173 of 2023 registered for the offence under Sections 341, 323, 379, 307, 376, 354, 420/34 of the Indian Penal Code. 3. The petitioner is accused of having committed rape upon the victim. 4. The petitioner is in custody since 28.08.2024. 5. The informant is a 45 years old lady and she has alleged rape etc. and filed complaint case and learned counsel for the petitioner submits that this is a case of consensual sex. Patna High Court CR. MISC. No.26438 of 2025(4) dt.06-08-2025 2/2 6. Learned counsel for the informant has vehemently opposed the application of the petitioner for grant of regular bail. 7. Considering the fact that the present is the case of consensual sex, this application is allowed. 8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of SDJM, Daudnagar, Aurangabad/concerned Court below in connection with Haspura P.S. Case No. 173 of 2023. Vikas/- (Sandeep Kumar, J) U