Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52572 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Jitendra Kumar S/o Late Ram Chandra Ram R/o Village- Dighi Kala West, Ward No. 5, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Singh, Advocate For the Informant :

Mr. Sudhanshu Trivedi, Advocate For the State :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner, learned counsel for Informant and Mr. Vinod Shanker Modi, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 74, 75(2), 78, 69, 351(2) and 3(5) of the BNS.

3. The case of the prosecution in short is that the petitioner who is an advocate clerk of one Jitendra Kumar Giri came in contact with the informant as she was doing internship with that advocate. It is further alleged that the informant came in contact of this petitioner and this contact developed in relationship. It is further alleged that the informant has helped the petitioner by giving him cash. The petitioner has promised to return the same with interest. It is further alleged that the

Patna High Court CR. MISC. No.52572 of 2025(4) dt.05-12-2025 2/3 petitioner took a room on rent at Rajapul, he called the informant at that room and established physical relationship. It is further alleged that on 12th of October, 2024 the petitioner called the informant at Royal Hotel and there also they established physical relationship. It is further stated that the petitioner has manhandled her and has threatened her.

4. Learned counsel for the petitioner has submitted that in this case the date of last occurrence is 12th of October, 2024 whereas the case has been filed on 07.02.2025. There is delay of at least 09 months in filing of this case. Learned counsel for the petitioner has submitted that Annexure-P/2 is a legal notice sent by an Advocate wherein it has been stated that the informant was in relationship with the petitioner for last two years and the petitioner had sexual intercourse with the informant with an intention of cheating; making false promise of marriage and in last part of the notice it has been stated that only two options are left with the petitioner; first is to marry with the informant and the second is to settle this dispute or provide compensation amount of Rs.10,00,000/- to the informant.

5. Learned counsel for the petitioner has submitted that this notice goes to show that this FIR has been filed with a

Patna High Court CR. MISC. No.52572 of 2025(4) dt.05-12-2025 3/3 view to pressurize the petitioner to settle and to pay compensation amount. Learned counsel for the petitioner has further submitted that during course of investigation, the informant has denied for her medical examination. The petitioner is a man of clean antecedent and is in judicial custody since 04.05.2025.

6. Learned counsel for the informant is present and has vehemently opposed the prayer of bail to the petitioner.

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 S.K. Puri P.S. Case No. 37 of 2025 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, Patna.

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