Patna High CourtCR. MISC./79267/2025bail granted

Vijay Chauhan v. The State Of Bihar

2026-03-19Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79267 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Vijay Chauhan S/o- Late Shera Chauhan R/v - Mangalpur Ward No.10, P.S. - Patkhauli, Distt - West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Nisha Kumari D/o- Naresh Chaudhary, R/o Village- Nayagaon, Ward No. 10, P.S.- Laukaria, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Prabhat, Advocate Ms. Anjali Das, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-03-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for bail in connection with Bagaha Mahila P.S. Case No.51 of 2024, F.I.R dated 07.12.2024 registered for the offences punishable under Sections 115(2), 64, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, on 07.12.2024, stating that her marriage with the petitioner was fixed in 2022. After engagement, the petitioner developed a relationship with her and allegedly established physical relations multiple times on the

Patna High Court CR. MISC. No.79267 of 2025(3) dt.19-03-2026 2/3 promise of marriage. Later, the petitioner's family allegedly demanded Rs.2,00,000 as dowry and began delaying the marriage. The informant subsequently discovered that the petitioner had already married another woman. Based on her complaint, Amas P.S. Case No. 242/2025 was registered and investigation commenced.

4. Learned counsel for the petitioner submits that for an allegation of establishing physical relationship on account of promise of marriage and thereafter, having back-tracked from their promise, the instant F.I.R. is said to have been lodged against this petitioner. It is the case of this petitioner that the petitioner, prior to institution of the F.I.R., was already married and for ulterior reasons, the instant case has been lodged making an allegation of demand of dowry to the tune of Rs.2 lakh, which this petitioner is said to have returned to the informant. It has further been submitted that investigation in this case is completed and charge-sheet has already been filed and the petitioner is languishing in judicial custody since 25.05.2025.

5. Pursuant to the notice issued by this Court, the learned counsel for the informant has appeared and does not dispute the factual position submitted by the learned counsel for the petitioner and further submits that cordial relationship has

Patna High Court CR. MISC. No.79267 of 2025(3) dt.19-03-2026 3/3 been restored between them.

6. Learned Additional Public Prosecutor for the State opposes the prayer for regular bail.

7. Considering the facts and circumstances that the petitioner has only been made victim of circumstances and false allegations and the petitioner is languishing in judicial custody since 25.05.2025, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Exclusive Special Judge Rape and POCSO Act, Bettiah, West Champaran, in connection with Bagaha Mahila P.S. Case No.51 of 2024, subject to the condition that the petitioner shall co-operate in the investigation/trial.

sharun/- (Ajit Kumar, J) U T