Patna High CourtCR. MISC./27262/2025bail granted

Nibhash Yadav @ Nibash Yadav @ Nibash Kumar v. The State Of Bihar

2025-08-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27262 of 2025 In CRIMINAL APPEAL (SJ) No.5521 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BELHAR District- Banka ====================================================== Nibhash Yadav @ Nibash Yadav @ Nibash Kumar S/O Presh Yadav @ Naresh Yadav Resident of Ghodgada, P.S. - Belhar, District - Banka ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Kavita Kumari W/O Late Ranjit Yadav Resident of Ghodhada, P.S. - Belhar, District - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-08-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Belhar P.S. Case No. 2 of 2024 registered for the offence under Sections 420, 376, 313 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of establishing physical relationship with the victim on the pretext of marriage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 13.09.2024.

5. Learned A.P.P. has vehemently opposed the prayer

Patna High Court CR. MISC. No.27262 of 2025(5) dt.06-08-2025 2/2 for bail.

6. From the reading of the FIR, it appears to be a case of consensual sex between two adults.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below, Banka in connection with Belhar P.S. Case No. 02 of 2024 subject to condition that the petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bonds of the petitioner. (Sandeep Kumar, J) Shishir/- U T