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Patna High CourtCR. MISC./45501/2025allowed

Ankit Jha v. The State Of Bihar

2025-09-11Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45501 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== Ankit Jha S/o Late Vinay Jha R/o vill - Manikauli, P.s. - Singhwara, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 376, 313, 323 and 506/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner called the informant in a Mid-town hotel and there he established physical relationship with the informant on the false promise of marriage. Then the informant started crying. After one a half month, the informant came to know that she is pregnant. When she informed the petitioner regarding her pregnancy, he forced her to take pills. It is further alleged that the informant came to know that the petitioner is having illicit relationship with one Swati Mishra. She informed the police. It

Patna High Court CR. MISC. No.45501 of 2025(3) dt.11-09-2025 2/3 is alleged that Swati Mishra forced her to take the pills.

4. Learned counsel for the petitioner has submitted that from perusal of the FIR it is clear that for the first time on 16.02.2024, the informant was called in a hotel but the FIR has been filed on 06.07.2024 i.e. after five months. It has also been submitted that during course of investigation, the victim has given her statement under Section 164 of the Cr.P.C. wherein she has stated that the petitioner is her relative. He is brother-inlaw of Farhan. They were on talking terms and were ready to solemnize the marriage. It is further alleged that she was called at Hotel Midtown. Learned counsel has further submitted that the informant herself has visited the Hotel. She was not forced to go to the hotel. The medical examination of the victim was conducted on 01.07.2024 i.e. much after the occurrence. The petitioner is a man of clean antecedent and is in judicial custody since 19.05.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. The informant is aged about 22 years and from perusal of the case diary and other materials it is clear that there is no material to believe the story as propounded by the informant.

Patna High Court CR. MISC. No.45501 of 2025(3) dt.11-09-2025 3/3

7. 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 Mahila P.S. Case No. 75 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga.

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