23.03.2026
Order No.
01. 1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS
by the petitioner seeking pre-arrest bail in connection with
Parjang P.S. Case No.296 of 2023 corresponding to G.R. Case
No.378 of 2023 pending in the court of learned J.M.F.C.,
Parjang on the grounds stated.
3. Perused the FIR as at Annexure-1. Referring to the
report and the statement of the victim/informant recorded under
Section 161 Cr.P.C., it is submitted by Mr. Singh, learned
counsel for the petitioner that it is a case of consensual
relationship and therefore, no case under Section 376(2)(n)
I.P.C. is made out. Ms. Mohanty, learned counsel for the State
submits that the case diary and statement of the
informant/victim recorded before a Magistrate under Section
164 Cr.P.C. It is made to understand from the record that the
informant and the petitioner had been in a committed
relationship for some time and there was an attempt to
solemnize their marriage but it has received objection from the
family of the petitioner, who subsequently avoided the victim.
The statement of the witnesses recorded under Section 161
Cr.P.C. are also gone through. The parties were in a
relationship and during that time they have had sexual
encounters and it was admitted to be on consent in view of the
version of the victim herself. Considering the above facts and
the fact that the informant is a major and the FIR has been
lodged only when her marriage with the petitioner could not be
materialized and that he also avoided for the same, this Court,
recording the objection of the State, is of the view that
mediation between them should be explored and at the same
time, though his plea for pre-arrest bail is not to be entertained,
is of the view that he should be directed to surrender before the
learned court below for being released with conditions in order
to ensure that such mediation becomes successful.
