Patna High CourtCR. MISC./55071/2025bail granted

Rishikesh Kumar v. The State Of Bihar

2025-08-18Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55071 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- MUNGER MUFFASIL District- Munger ====================================================== Rishikesh Kumar, S/o Pankaj Das, R/o Village- Naya Tolla, Bhagat Chowk, P.S.- Muffasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Paswan, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP For the Informant :

Mr. Rana Ishwar Chandra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-08-2025 Heard Mr. Sadanand Paswan, learned counsel for the petitioner, Mr. Pawan Kumar Chaurasia, learned APP for the State and Rana Ishwar Chandra, learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 193 of 2025 dated 07.06.2025 registered for the offences punishable under sections 318(4), 64 and 3(5) of the Bharatiya Nyaya Sanhita (in short 'BNS').

3. The main submissions advanced by petitioner's counsel are that the petitioner is a Government employee working in the Central Government and against him the investigation has been completed, as per the allegation, the petitioner established physical relationship with the informant on the pretext of marrying her and that relation had been running between them for the past five years before the

Patna High Court CR. MISC. No.55071 of 2025(2) dt.18-08-2025 2/3 registration of the FIR, so, the alleged offence under section 64 of BNS does not attract against this petitioner as it cannot be presumed that the informant was not a consensual party in the alleged relationship, however, the petitioner is completely denying the alleged relationship, in fact the prosecution party tried to abduct the petitioner, then an alarm was raised by the petitioner and he informed the police and the entire incident was brought into the knowledge of the police and finally, the petitioner's father filed a complaint against the informant and her family members, of which a copy has been filed as Annexure- P/4. It is lastly submitted that the informant is a major girl and she has recorded her statement before the Judicial Magistrate in which she accepted her love affair with this petitioner.

4. On the other hand, learned counsel for the informant has vehemently opposed the bail prayer of the petitioner and submits that the petitioner not only exploited the informant sexually but also, later on committed abortion of the informant's unborn child when she became pregnant as a result of their physical relationship and finally, the petitioner solemnized marriage with the informant in a temple in a secret manner but later on, he denied the said marital relationship and

Patna High Court CR. MISC. No.55071 of 2025(2) dt.18-08-2025 3/3 also started demanding Rs. 17,00,000/- (rupees seventeen lakhs) from the informant's parents.

5. Learned APP for the State has also opposed the prayer of the petitioner.

6. Considering the aforesaid submissions and mainly the facts that against the petitioner the investigation has been completed and he is said to be an employee of the Central Government and as per the FIR, the informant remained in relationship with this petitioner for the past five years before the registration of the FIR and there is a dispute of legality of the marriage between both the parties as the informant claims herself to be legally wedded wife of the petitioner while the petitioner is flatly denying the said marital relationship with her, in my opinion, in these circumstances, the petitioner deserves to the relief of 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 Muffasil P.S. Case No. 193 of 2025.

(Shailendra Singh, J) annu/- U T