IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36776 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S District- Supaul ====================================================== Md. Afsar S/O Mohd. Kalam R/O Village- Dharmpatti, Simrahi Bazar, PS- Raghopur, District- Supaul ... ... Petitioner/s Versus 1. The State of Bihar 2. Noor jahan khatoon, D/o Md. Taj R/o vill-karzain,ward no-9,ps. -karzain,distt-supaul ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 5 22-01-2026 Heard the parties. 2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Supaul Mahila P.S. Case No. 08 of 2025 registered for the offences punishable under Sections 376, 313, 504, 506, 509/34 of IPC. 3. The allegation against petitioner is to establish relationship with informant aged about 30 years. Informant is a married lady having two children. 4. It is submitted by learned counsel appearing on behalf of the petitioner that it is admitted position that Patna High Court CR. MISC. No.36776 of 2025(5) dt.22-01-2026 2/3 the informant at the time of occurrence was already married, therefore, this is maximum a case of extra marital affairs as there is no question qua promise for marriage. It is submitted that even corporal relationship on false pretext of marriage cannot be termed as rape. In support of his submission learned counsel relied upon the legal reports of Hon’ble Supreme Court as available through Pramod Suryabhan Pawar vs. State of Maharastra and Anr. reported in (2019) 9 SCC 608 and Ansaar Mohammad vs. State of Rajasthan reported in 2022 SSC OnLine SC 886 . 5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail fairly conceded that informant was married during the period of occurrence. 6. In view of aforesaid factual submission and by taking note of fact as allegation qua assurance of marriage appears non convincing on its face as admittedly during the occurrence informant was married women, Patna High Court CR. MISC. No.36776 of 2025(5) dt.22-01-2026 3/3 accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Supaul/concerned Court, where the case is pending in connection with Supaul Mahila P.S. Case No. 08 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS. Sudha/- (Chandra Shekhar Jha, J) U T