Bharat Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40999 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- BISHANPUR District- Darbhanga ====================================================== Bharat Kumar Mishra S/O Shyam Sundar Mishra @ Saheb Mishra Resident of Village- Rampurdiah (Rampurdih), Police Station- Bishanpur, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the State :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Bishanpur P.S. Case No. 34 of 2025 registered for the offence punishable under Sections 64(1) of the Bharatiya Nyaya Sanhita.

3. The petitioner is accused of committing rape with the victim.

4. The petitioner is in custody since 28.03.2025.

5. Learned counsel for the petitioner submits that it has come during investigation that the petitioner and the victim were in a relationship and it is not a case of rape.

6. Learned counsel for the State and the informant

Patna High Court CR. MISC. No.40999 of 2025(4) dt.10-09-2025 2/2 have vehemently opposed the prayer for bail.

7. From the reading of the FIR and other materials, it appears to be a case of consensual sex.

8. Considering the aforesaid, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Darbhanga in connection with Bishanpur P.S. Case No. 34 of 2025. (Sandeep Kumar, J) P. Kumar U T