Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53842 of 2025 Arising Out of PS. Case No.-221 Year-2024 Thana- KARAI PARSURAI District- Nalanda ====================================================== Rajesh Kumar, S/o Manoj Prasad @ Manoj Kumar, Resident of Village- Karai Parsurai, P.S.- Karai Parsurai, Dist- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Adv.
For the Opposite Party/s :
Ms. Rita Verma, APP For the Informant :
Mr. Arun Kumar Arun, Adv.
Mr. Karamchand Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-10-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner, Ms. Rita Verma, learned APP for the State and Mr. Arun Kumar Arun, learned counsel for the informant.
2. Petitioner seeks regular bail in connection with Karai Parsurai P.S. Case No. 221 of 2024 dated 06.12.2024 registered for the offences punishable under sections 69, 89 and 351(2) of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since 01.05.2025 and the FIR itself shows that the informant/victim, who is a major girl, was in relationship with this petitioner since 2019, so, the allegations levelled by her are totally unbelievable.
4. On the other hand, learned counsel appearing for the informant submits that there is serious allegation against this
Patna High Court CR. MISC. No.53842 of 2025(3) dt.17-10-2025 2/3 petitioner as he firstly sexually exploited the victim on the pretext of marrying her and later, he impregnated her and thereafter, got her unborn child aborted but recently the petitioner has sent a letter through the Jail Superintendent, Hilsa, Nalanda, a copy of which is with him and the same has been filed before this Court for perusal, which shows that the petitioner has shown his willingness to marry the informant and admittedly, both the petitioner and the informant are major, so, they can enter into marital relationship.
5. In response to the above submission made by informant's counsel, learned counsel for the petitioner submits that if the petitioner is ready to marry the informant then the petitioner may be granted the relief of provisional bail in order to settle the dispute between him and the informant, in their mutual interest.
6. Considering the aforesaid submissions, this Court is inclined to release the petitioner on provisional bail for a period of two months from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned court in connection with Karai Parsurai P.S. Case No. 221 of 2024, on the following condition :-
Patna High Court CR. MISC. No.53842 of 2025(3) dt.17-10-2025 3/3 (i) After the release on provisional bail, the petitioner will take step in the light of his willingness, which has been shown by him in the letter sent by him through the Jail Superintendent, Hilsa, Nalanda, to the trial court, Hilsa. If the petitioner fulfills his willingness and enters into a marital relationship with the informant then the trial court shall confirm the provisional bail granted to the petitioner by this Court's order on the same bail bond taken under the provisional bail. If the petitioner does not take step in the light of his willingness then the trial court shall take him in custody after cancelling his bail bond.
7. Let the above mentioned letter bearing No. 20457 dated 25.08.2025, sent by the petitioner through the Jail Superintendent, Hilsa, Nalanda, and produced by the informant's counsel, be kept on record.
(Shailendra Singh, J) annu/- U T