Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7081 of 2025 Arising Out of PS. Case No.-251 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Jitendra Kumar S/O Ram Avatar Ram R/O Village- Moti Chauk Near Gandhi School, P.S.- Khagaul, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Kumari W/O Jitendra Kumar R/O Village- Moti Chauk Near Gandhi School, P.S.- Khagaul, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay, Advocate Ms. Tetara Kumari, Advocate Mr. Raju Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Khagaul P.S. Case No. 251 of 2024, instituted for the offences punishable under Sections 126(2), 115, 74, 85, 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the informant was assaulted by her in-laws and was forced to consume phenyl.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.7081 of 2025(4) dt.17-06-2025 2/2 Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. No specific allegation has been attributed against the petitioner. It is further submitted that the petitioner is the husband of the informant and the allegation of giving phenyl in the mouth of the informant is not levelled against the petitioner. The petitioner is in custody since 01.08.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaul P.S. Case No. 251 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T