Nirmal Kumar @ Mitthu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18509 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- BAISI District- Purnia ====================================================== Nirmal Kumar @ Mitthu Son of Sri Sadanand Yadav Resident of VillageGwalgoanw Khapra, P.S.- Baisi, Distt.- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rakhi Devi Wife of Sri Pappu Kumar Yadav Resident of VillageGwalgoanw Khapra, P.S.- Baisi, Distt.- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Baisi P.S. Case No. 358 of 2024 dated 20.11.2024, instituted for the offence punishable under Sections 64(1) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner and the victim was in love affair from earlier. However, her marriage was performed with the elder brother of the petitioner and she was living peaceful matrimonial life. Further allegation is that the petitioner forcefully established physical relation with the informant.

Patna High Court CR. MISC. No.18509 of 2025(4) dt.02-07-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that from the fardebyan, it is apparent that there was love affairs between the informant and petitioner. It is further submitted that petitioner fled away with the informant and later on, the informant married with the elder brother of the petitioner. It is next submitted that informant wants to pressurize the petitioner for marriage with her but the petitioner was not ready for the same due to which this false case has been lodged against the petitioner. It is further submitted that father of the petitioner has lodged an FIR against the informant and other prior to this case bearing Baisi P.S. Case No.

357 of 2024 for the offences punishable under Sections 127(1), 127(2), 352, 351 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. Learned counsel further submitted that due to the efforts of well wishers and friends the matter has been compromised between the parties and a compromise petition has been filed in the concerned court. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.18509 of 2025(4) dt.02-07-2025 3/3 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Baisi P.S. Case No. 358 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Purnea, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T