IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43384 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- MOHIUDDIN NAGAR District- Samastipur ====================================================== Pankaj Kumar @ Sanjeewan @ Pankaj Kumar Ray S/O Amarjeet Ray R/O Village- Ramgama, P.S.- Mohiuddinnagar, District- Samastipur ... ... Petitioner/s Versus 1. The State of Bihar 2. Rajan Kumari D/O Dev Narayan Ray R/O Village- Baldhara, P.S.- Mohiuddinnagar, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Anand, Adv. For the State : Mr.Satya Nand Shukla, A.P.P. For the Opposite Party/s : Mr. Rahul Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Mohiuddinnagar P.S. Case No. 186 of 2024, registered for the offences under Sections 448, 376, 504, 506, 34 of the Indian Penal Code and Section 4/6 of the POCSO Act. 3. As per the prosecution case, the petitioner established physical relationship with the complainant/informant on the pretext of marriage and later on refused to keep the petitioner within his house. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been Patna High Court CR. MISC. No.43384 of 2025(2) dt.16-07-2025 2/4 falsely implicated in this case. The petitioner did not commit any rape with the complainant/informant. The fact of the case is that the family members of the complainant/informant abducted the petitioner and forcibly solemnized his marriage with the complainant on 02.05.2024 which was initially not accepted by the family members of the petitioner. However, subsequently after Panchayati a compromise took place and now the complainant/informant has been staying in the family of the petitioner. The complainant/informant was medically examined and her age was assessed to be above 18 years. Earlier the statement of the complainant/informant was recorded under Section 164 of the Cr.P.C. wherein she stated that the petitioner established relationship with her consent and did not use any force. Learned counsel further submits that the petitioner is in custody since 03.11.2024 and he has one criminal antecedent. Charge sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that there is specific allegation against the petitioner that he committed rape with the complainant/informant. 6. Learned counsel appearing on behalf of the complainant/informant submits that after settlement the Patna High Court CR. MISC. No.43384 of 2025(2) dt.16-07-2025 3/4 complainant/informant has been staying in the house of the petitioner and the family members of the petitioner have accepted the marriage. 7. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the medically assessed aged of the complainant/informant and also considering her statement recorded under Section 164 of the Cr.P.C. and further considering submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Rape and POCSO Act), Samastipur/concerned court, in connection with Mohiuddinnagar P.S. Case No. 186 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. Patna High Court CR. MISC. No.43384 of 2025(2) dt.16-07-2025 4/4 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T