1. Leave granted.
2. This appeal challenges the order dated 13.08.2025 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 32680 of 2025.
3. Apprehending arrest in connection with crime registered pursuant to FIR No. 5109080240353 of 2024 dated 03.06.2024 lodged with P.S. Wajirganj, District Gaya in respect of the offence punishable under Section 366A of the Indian Penal Code, 1860 ("IPC" for short), the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023("BNSS" for short).
4. The application for anticipatory bail having been rejected by the High Court vide the impugned order dated 13.08.2025, the instant appeal has been preferred.
5. By order dated 03.12.2025, this Court passed the following order:
"Delay condoned.
Issue notice to the respondents, returnable on 07.01.2026.
Learned counsel for the petitioner is permitted to serve the standing counsel for respondent no.1/State.
Till the next date of hearing, no coercive steps shall be taken as against the petitioner in relation to FIR No.5109080240353 dated 03.06.2024 registered at Police Station - Wajirganj, District - Gaya provided the petitioner cooperates in the investigation.."
6. We have heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent(s)-State and perused the material on record.
7. Learned counsel for the appellant submitted that the offences alleged against him are wholly false inasmuch as there was a consensual relationship between the appellant and the so-called victim who was about 17/18 years of age at the relevant point of time; that in fact there was a marriage between the parties and subsequently owing to a marital dispute a criminal colour has been given to the entire dispute. He submitted that this Court by interim order dated 03.12.2025 has granted protection to the appellant herein subject to his cooperation in the investigation; that the appellant has been cooperating with the investigation. In the circumstances, the interim order may be made absolute.
8. Per contra, learned counsel for the respondent(s)-State submitted that the victim at the relevant point of time was a minor; that the allegations as against the appellant herein are serious in nature. Hence, this Court may not interfere with the impugned order and the appeal may simply be dismissed.
9. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 of BNSS.
10. We, therefore, allow this appeal and set aside the order passed by the High Court dated 13.08.2025. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/-(Rupees Twenty-Five Thousand only) with two like sureties.
11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation.
12. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.
13. With the aforesaid directions, the Criminal Appeal is allowed.




