Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63350 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- MAHILA PS District- Khagaria ====================================================== Gulshan Kumar S/o Ram Bilash Sah R/o Village - Khutiya, Ward No. -17, P.S - Mansi, District - Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Kumari D/o Subodh Kumar R/o Village - Chakhussani, Ward No. - 15, P.S - Mansi, District - Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ayushi, Advocate Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP Mr. Keshav Bhardwaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-09-2025 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Mahila P.S. Case No. 24 of 2025 registered for the offence under Sections 64, 69, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 4 of the POCSO Act and Sections 66(E), 67, 67(B) of the IT Act.

3. The allegation against the petitioner is of establishing physical relationship with the victim after promising marriage and thereafter the petitioner resiled from his promise. He is also alleged to have made the intimate video viral on Instagram.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.63350 of 2025(2) dt.17-09-2025 2/2 petitioner is innocent and has not committed any offence. Petitioner is in custody since 28.06.2025 and claims clean antecedent.

5. Learned A.P.P. for the State as well as the learned counsel for the informant have vehemently opposed the prayer for bail. The learned counsel for the informant submits that the trial may be expedited.

6. Considering the fact that it is a case of consensual sex and also considering the period of custody, this application for regular bail is allowed.

7. Accordingly, 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 the learned Special Judge, POCSO Act, Khagaria/concerned Court below in connection with Mahila P.S. Case No. 24 of 2025.

8. If the witnesses of the prosecution appear on the dates fixed in the trial, the Trial Court will take the deposition(s) of the witnesses and will not adjourn the case unnecessarily. (Sandeep Kumar, J) Shishir/- U T