Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19367 of 2025 Arising Out of PS. Case No.-17 Year-2024 Thana- MAHILA P.S. District- Samastipur ====================================================== Mukesh Kumar Son of Late Chitranjan Duby R/V- Bahadurpur Ward No.- 27, P.S.- Nagar (Town), District - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rachana Kumari Wife of Mukesh Kumar D/O- Ashok Sahni, H/O- Anarashi Devi, R/V- Ilamasnagar Ward No.- 11, P.S.- Khanpur, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Mahila Thana P.S. Case No. 17 of 2024, instituted for the offences punishable under Sections 323, 341, 376, 498(A), 420, 506, 504, 34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

3. The prosecution case, in short, is that, the informant was married to the petitioner and out of their wedlock a daughter was born. It is further alleged that suddenly the petitioner went to his home and cut contact with the informant

Patna High Court CR. MISC. No.19367 of 2025(3) dt.02-07-2025 2/3 and also denied knowing her, in the meantime, another woman claimed to be his wife with whom he is married for 18 years. The petitioner and his brothers then assaulted the informant and threatened to kill her.

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. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegations levelled against the petitioner is false and concocted. The petitioner is ready to keep the informant with full dignity and honour. The petitioner is in custody since 22.08.2024 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

Patna High Court CR. MISC. No.19367 of 2025(3) dt.02-07-2025 3/3 below/concerned Court in connection with Mahila Thana P.S. Case No. 17 of 2024.

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