Patna High CourtCR. MISC./38509/2025bail granted

Ritesh Kumar v. The State Of Bihar

2025-08-06Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38509 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA PS District- Buxar ====================================================== Ritesh Kumar S/o Gupteshwar Rai R/o Village- Barupur, P.S.- Rajpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Informant :

Mr. Satyapal Singh, Advocate For the State :

Mrs. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 318 (4), 64(1), 352 & 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner is that petitioner taking advantage of the informant, had been sexually abusing her since February, 2019 on the false pretext of marriage. It is stated that even in the year 2021, the petitioner is said to have made physical relations with her and ultimately when the family refused to marry, the present FIR has been lodged.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated and no such occurrence as

Patna High Court CR. MISC. No.38509 of 2025(3) dt.06-08-2025 2/3 alleged has taken place. Learned counsel further submits that the allegations levelled by the informant that the petitioner had first committed the so-called offence in February, 2019, however, for almost more than five years, she did not allege any claim against the petitioner and only when their effort of marring the petitioner failed, the present FIR was lodged. Learned counsel for the petitioner points out towards the informatory petition lodged on 17.12.2024, wherein father of the petitioner, raised suspicion over the conduct of the informant as well as her family members and had also stated that they might be implicated in a false case. It has lastly been submitted that the petitioner has clean antecedent and is in custody since 24.02.2025.

5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that the petitioner had been exploiting the informant for almost five to six years on the pretext of marriage and thereafter had refused to marry the informant.

6. Considering the aforesaid submissions made by the parties and taking into account the averments in the FIR of petitioner not agreeing to marry as promised, 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 court below where the case is pending/successor court in connection Buxar (Mahila) P.S.

Patna High Court CR. MISC. No.38509 of 2025(3) dt.06-08-2025 3/3 Case No. 08 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned 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 abovementioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) Siwani/- U T