Shiv Shankar Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52941 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- MAHILA THANA District- Begusarai ====================================================== Shiv Shankar Kumar Yadav, S/o Sevak Yadav, R/o Village-Alta, Kamalpur, Ward No.13, P.S. Kocha, District-Kishanganj.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Nakul Kumar Jamuar, Advocate For the State :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Begusarai Mahila P.S. Case No-18 of 2025, dated-16.05.2025 registered for the offences punishable under Sections 69 and 351(2) of the B.N.S., 2023.
3. The informant/victim is a 35 year old lady, works as a domestic help in the house of the Petitioner. As per the allegation, the Petitioner used to establish physical relationship on the promise to marry her. However, as per the FIR, she is already married but her husband is suffering from paralysis.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, she has taken some loan from the
Patna High Court CR. MISC. No.52941 of 2025(2) dt.11-08-2025 2/3 Petitioner and on demand, she has falsely implicated the Petitioner. He also submits that there is no question of marriage when she is already married and her husband is alive.
5. He further submits that the petitioner has been languishing in jail since 17.05.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court below in connection with Begusarai Mahila P.S. Case No-18 of 2025 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that
Patna High Court CR. MISC. No.52941 of 2025(2) dt.11-08-2025 3/3 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T