Vaibhav Kumar @ Vaibhav Raj @ Vivek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20358 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- MAHILA P.S. District- Patna ====================================================== Vaibhav Kumar @ Vaibhav Raj @ Vivek Raj S/O Ramanuj Paswan R/O Village- Kako, P.S- Kako, Distt.- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 71 of 2024 registered for the offences punishable under Sections 351, 64 and 352 of B.N.S.

3. As per the FIR, the petitioner is said to have established physical relations with the informant forcefully on the pretext of marriage, but later on he went back on his word and also abused and assaulted her.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. It is further submitted that the petitioner has falsely been implicated in this case due to ulterior motive. The allegation leveled against the petitioner is totally false and based on

Patna High Court CR. MISC. No.20358 of 2025(3) dt.21-05-2025 2/3 concocted facts. No mark of violence was found on the body of the victim (informant) in course of her medical examination. It is also submitted that the real fact of the matter is that the present case has been filed for mounting pressure for solemnization of marriage of the informant with the petitioner. The petitioner's side has also lodged a case bearing Mahila P.S. Case No. 72 of 2024 against the informant and others. It is lastly submitted that the informant was married to another person on 11.04.2022 and thereafter the present case has been filed against the petitioner, who has no criminal antecedent as mentioned in para-3 of this application and is in judicial custody since 06.01.2025

5. Learned APP for the State opposes the prayer for bail.

6. Considering the submissions made by the respective parties and taking into account the fact that there was a long relationship between the informant and the petitioner for almost four years before the present case was lodged and also taking into account that the petitioner is in custody since 06.01.2025, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.20358 of 2025(3) dt.21-05-2025 3/3 the learned Judicial Magistrate 1st Class, Patna in connection with Patna Mahila P.S. Case No. 71 of 2024 subject to the following conditions :

a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Prakash/- U