Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62885 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Roshna District- Katihar ====================================================== Rohit Kumar S/o Late Dinesh Prasad Sah R/o Village - Roshana, P. S - Roshana, District - Katihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramadhar Shekhar, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Roshana P.S. Case No. 52/2025 dated 22.06.2025 registered for the offences punishable u/s 64(1) and 69 of the B.N.S.
3. As per the prosecution case, the petitioner is alleged to have established physical relationship with the informant for last five years on the pretext of marriage and during this period the informant became pregnant twice.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affairs between the parties. Both the parties chose to have physical relationship. The informant is a
Patna High Court CR. MISC. No.62885 of 2025(2) dt.22-09-2025 2/3 major woman who knows the consequence of the act of the petitioner. Learned counsel for the petitioner placed reliance on the judgment in the case of Mandar Deepak Pawar Vs. State of Maharashtra & Anr. (Criminal Appeal No. 442 of 2022) in which "a distinction was made between a false promise to marriage which is given on understanding by the maker that it will be broken and a breach of promise which is made in good faith but subsequently not fulfilled".The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The victim in her statement recorded u/s 180 and 183 of the B.N.S.S. has supported the prosecution story.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 learned Court concerned, Katihar in connection with Roshana P.S. Case No. 52/2025, with the condition:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.62885 of 2025(2) dt.22-09-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T