IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33330 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA PS District- Jamui ====================================================== Ankit Kumar Barnwal @ Ajay Kumar S/o Late Suresh Barnwal R/o Purani Bazar, P.S.- Jamui, Dist- Jamui ... ... Petitioner Versus 1. The State of Bihar 2. Jyoti Kumari D/o Late Sindho Tanti R/o Kusaha, P.S.- Belhar, Banka ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mrs.Ankita Kumari, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 21-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Mahila P.S. Case No. 18 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 76, 64(1), 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short the ‘B.NS.’) corresponding to section 341, 323, 354A, 376, 506, 34 of the Indian Penal Code. 3. The allegation against the petitioner is to commit rape/to establish physical relationship with informant/victim on false pretext of marriage. Patna High Court CR. MISC. No.33330 of 2025(2) dt.21-05-2025 2/4 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case. In support of his submission, it is submitted by learned counsel that informant/victim was in touch with the petitioner since 2016 through social media. It is submitted that admittedly, as per FIR, the victim was married and mother of two childrens. It is submitted that the relation of informant/victim with her husband was not smooth and for said reason she obtained divorce from her husband in the year 2025 through Matrimonial Case No. 193/2024, where the marriage was dissolved admittedly on 06.03.2025, from the court of learned Principal Judge, Family Court, Jamui. It is submitted that as per FIR, no allegation of establishing physical relationship is available on false pretext of marriage thereafter and, therefore, the allegation appears false on its face. It is submitted that petitioner is a man of clean antecedent. 5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Patna High Court CR. MISC. No.33330 of 2025(2) dt.21-05-2025 3/4 6. In view of the aforesaid factual submissions and by taking note of the fact as informant/victim was already married having two childrens, where there is no allegation of establishing physical relationship on false pretext of marriage onward 06.03.2025, the date on which the marriage of informant/victim stands dissolved with her husband through Divorce Case No. 193/2024, as discussed aforesaid, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Jamui, in connection with Mahila P.S. Case No. 18 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Rajeev/- (Chandra Shekhar Jha, J) Patna High Court CR. MISC. No.33330 of 2025(2) dt.21-05-2025 4/4 U T