Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53715 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Mithun Kumar S/o Raj Narayan Ray Vill.- Rahimpur, P.S.- Vaishali, Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vigan Kumari S/o Chadrama Raut Vill.- Masrak Gopalvari, PS- Masrak, Distt.- Chapra ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP For the Informant :
Mr. Ujjawal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr. Anuj Kumar, learned counsel for the petitioner, Mr. Ujjawal Kumar Singh, learned counsel for the informant and Ms. Pushpa Sinha, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 09.03.2025 in connection with Vaishali P.S. Case No. 90 of 2025, F.I.R. dated 01.03.2025 registered for the offence punishable under Sections 85, 74, 89, 351(2) of the B.N.S., 2023.
3. The prosecution case in brief is that the petitioner had married with the informant and established physical relationship with her and aborted her pregnancy two times and also assaulted her.
Patna High Court CR. MISC. No.53715 of 2025(6) dt.16-03-2026 2/3
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case and the petitioner has not committed any offence as alleged in the FIR. It appears from the FIR that the date of occurrence as alleged in the FIR is 18.12.2024 but the present FIR was instituted on 01.03.2025 after delay of about two months without giving any explanation for such delay. Learned counsel for the petitioner on instructions submit that the petitioner is ready to keep the informant as his wife. The petitioner is in custody since 09.03.2025.
5. Learned A.P.P. for the State as well as learned counsel for the informant, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has assaulted to the victim and the petitioner carries two more cases other than the present one.
6. Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 90 of 2025, with the following
Patna High Court CR. MISC. No.53715 of 2025(6) dt.16-03-2026 3/3 conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T