Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51406 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- MANPUR District- West Champaran ====================================================== Niraj Kumar, S/o Late Phulena Ram, R/o Village- Chailabhar, Ward No. 09, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mamta Kumari D/o Dhanesh Ram R/o Village- Damrapur, Ward No. 08, P.S.- Manpur, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gauri Shankar Thakur, Adv.
For the State :
Mr. Narendra Kumar Singh, APP For the Informant :
Mr. Balram Kapri, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-10-2025 Heard Mr. Gauri Shankar Thakur, learned counsel for the petitioner, Mr. Narendra Kumar Singh, learned APP for the State and Mr. Balram Kapri, learned counsel for the informant (O.P. No. 2).
2. Petitioner seeks regular bail in connection with Manpur P.S. Case No. 36 of 2025, arising out of Complaint Case No. 17C of 2025, registered for the offences punishable under sections 115(2), 103(1), 109, 69, 64, 308(4), 315 and 3(5) of the Bharatiya Nyaya Sanhita, sections 6 and 4 of the POCSO Act and sections 67 and 67A of the Information Technology Act.
3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since
Patna High Court CR. MISC. No.51406 of 2025(3) dt.15-10-2025 2/3 19.04.2025, having fair and clean antecedent and he is suffering from HIV disease and the allegations levelled by the informant, who happens to be sister-in-law of the petitioner, is completely unbelievable, as according to her, the petitioner first established physical relationship with her in the year 2022 and thereafter, continued exploiting her physically but she remained silent until filing of the complaint, which was later sent to the police, however, a good relation has established in between the petitioner and the complainant, who is presently a major girl.
4. Learned counsel appearing for the informant (O.P. No. 2) accepts the aforesaid good relation having established between both the parties and he has no opposition to the petitioner's prayer.
5. Learned APP for the State has opposed the prayer of the petitioner and submits that there are serious allegations against the petitioner, who first tortured the complainant's sister and after her death, he exploited the complainant physically and mentally.
6. In the facts and circumstances of this case and considering the above mentioned stated facts and mainly the petitioner's HIV disease as stated by petitioner's counsel and his custody period and completion of investigation against him, this
Patna High Court CR. MISC. No.51406 of 2025(3) dt.15-10-2025 3/3 Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Manpur P.S. Case No. 36 of 2025. (Shailendra Singh, J) annu/- U T