Girdhari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76920 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- KHODAWANDPUR District- Begusarai ====================================================== Girdhari Kumar S/o Prem Sharma R/o Village- Begampur Bara, P.SKhodawanpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Advocate Mr. Sunny Kumar, Advocate Ms. Smiriti Kumari, Advocate For the State :
Mr. Brajendra Nath Pandey, Advocate For the Informant :
Mr. Rananjay Kumar, Advocate Mr. Sumit Kumar Gupta, Advocate Mrs. Chhateshwari Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Khodawanpur P.S. Case No. 50 of 2025, dated 20.06.2025, registered for the offences punishable under Sections 126(2), 115, 352, 351(2), 303(2), 69, 74 and 3(5) of B.N.S., 2023.
3. As per allegation, lodged by the victim herself, she is 19 years old and on false promise to marry, the petitioner indulged into physical relationship with her, but now he is refusing to marry her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.76920 of 2025(3) dt.24-02-2026 2/3 Petitioner is innocent and has falsely been implicated in this case. He further refers to the statement of the alleged victim as made under Section 183 BNSS in which she has not made any allegation that there was any physical relationship between the petitioner and the informant and only allegation is that the petitioner had promised to marry the informant.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the statement of the alleged victim as recorded under Section 183 BNSS in which there is no allegation of any physical relationship, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in
Patna High Court CR. MISC. No.76920 of 2025(3) dt.24-02-2026 3/3 connection with Khodawanpur P.S. Case No. 50 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T