Nilesh Kumar Sharma @ Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33093 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Nilesh Kumar Sharma @ Nilesh Kumar S/O Ram Darshan Sharma @ Ram Darshan Thakur R/O Village- Hussepur, Paigambarpur, Bariyarpur, P.S.- Bariyarpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 64 and 81 of the BNS.

3. The case of the prosecution is that the petitioner has established physical relationship with complainant/informant on the false promise of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the complaint petition, it transpires that according to the complaint, the date of occurrence is 05.01.2020 and the complaint has been

Patna High Court CR. MISC. No.33093 of 2026(2) dt.14-05-2026 2/3 filed on 07.11.2025. Learned counsel has submitted that the delay is not explained and from perusal of the complaint, it is clear that the informant/complainant was in relationship with the petitioner for years. He has further submitted that from perusal of the Annexure-2 it transpires that prior to this occurrence, the complainant/informant was married and has taken divorce from her husband. Learned counsel has further submitted that the complainant/informant is in habit of cheating the boys and extracting the cash from them. He has also submitted that at most, it is a case of relationship and break up thereafter. In any view of the matter, it is not a case of rape. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bela ( Audhyogik) P.S. Case No. 10 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.33093 of 2026(2) dt.14-05-2026 3/3 amount each to the satisfaction of learned J.M. 1st Class, Court No. 11, East Muzaffarpur.

(Ashok Kumar Pandey, J) Shubham/- U T