Manish Kumar @ Nayadu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49564 of 2025 Arising Out of PS. Case No.-57 Year-2024 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Manish Kumar @ Nayadu S/o- Tantan Yadav@Tantan Kumar Yadav VillageGoddih PS- Kiul, Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Lakhisarai (Mahila) P.S. Case No. 57 of 2024, instituted for the offences punishable under Sections 126(2), 81, 89, 352, 351 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner has established physical relationship with the informant on the pretext of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case under
Patna High Court CR. MISC. No.49564 of 2025(5) dt.10-11-2025 2/3 Sections 81 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. Learned counsel for the petitioner also submits that there is delay of 1 month 12 days in lodging the FIR. There is neither any medical report nor any statement of the victim under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is further submitted that the petitioner and the informant have solemnized marriage and they are living jointly as husband and wife. The petitioner is in custody since 03.03.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai (Mahila) P.S. Case No. 57 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.49564 of 2025(5) dt.10-11-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T