Kanhaiya Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40923 of 2026 Arising Out of PS. Case No.-61 Year-2026 Thana- KEWATI District- Darbhanga ====================================================== Kanhaiya Thakur S/O Navin Thakur @ Ashok Thakur R/O Village- Ladari, Ward No. 05, P.S- Keoti, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 27-07-2026 Heard Mr. Baidyanath Prasad, learned counsel appearing on behalf of the petitioner and Mr. Umesh Lal Verma, learned APP for the State.

2. The present application has been filed on behalf of the petitioner for grant of regular bail in connection with Keoti P.S. Case No. 61 of 2026, for the offence punishable under Sections 64(1), 351(2), 308(3) of the B.N.S.

3. As per the prosecution case, the allegation against the petitioner is that he forcefully established physical relationship with the victim by threatening her to make her video viral. It has further been alleged that on 01.03.2026 at about 2:00 P.M. when she went to cut grass in the field then petitioner reached in the orchard near the informant and told the informant to establish physical relation with him by showing

2/4 pistol. In the meantime, son of the informant namely, Ashish Kumar reached reached there who opposed the petitioner for doing so then the petitioner demanded Rs. One lakh from the son of the informant otherwise he would viral the video of his mother. It is further alleged that the petitioner attacked the informant's son by sword but he fled away from there and saved his life.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. It is further submitted that the informant falsely alleged that the petitioner established physical relationship with her but the informant did not file any case/nor any complaint against the petitioner and she has also not mentioned the alleged date of occurrence and time. It is submitted that no case u/s 64(1) of the B.N.S. is made out against the petitioner. Petitioner has one criminal antecedent in which he is on bail and he is in custody since 02.03.2026.

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

6. Vide order dated 01.07.2026, case diary, statement of the victim recorded u/s 183 of BNSS and medical report was called for.

3/4

7. I have gone through the statement of the victim u/s 183 of BNSS in which she has stated that she was in touch with the petitioner since last one year and thereafter she stopped talking to the petitioner, since one month, as this petitioner used to threaten the victim to make physical relation with her.

8. I have also gone through the medical report in which informant/victim has denied to examine herself.

9. As per the statement made in paragraph 55 and 56 of the case diary, co-villagers without giving their names have stated that this petitioner was having a love affair with the victim and have stated that this petitioner used to come regularly to the residence of the informant/victim and the family members of the informant was aware about this fact.

10. It is further submitted that in paragraph 56 of the case diary that son of the informant has seen both the petitioner and the informant/victim in compromise state.

11. Considering the facts and circumstances of the case, the petitioner, above named, is directed to 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 learned A.C.J.M.-IX, Darbhanga/concerned court in connection with Keoti P.S. Case No. 61 of 2026, subject to

4/4 following conditions:- (i) One of the bailors should be family member of the petitioner.

(ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date.

(iii) If the petitioner shall in no way try to induce or promise or threat the witnesses or tamer with the evidence, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) Ranjeet/- U T