Mithlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6 of 2026 Arising Out of PS. Case No.-226 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Mithlesh Kumar S/o Sharma Chaudhary, Resident of Village- Ahpura, Police Station- Sandesh, Distt- Bhojpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Deepak Kishor, Advocate For the State :
Mr. Anuj Kumar Shrivastava, APP For the Informant :
Mr. Dhanesh Kumar Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 10 of the bail petition in the course of the day.
3. In the present case, the petitioner seeks bail in connection with Sandesh P.S. Case No. 226 of 2025 dated 14.09.2025, registered for the offences punishable under Sections 64, 74, 76 and 351(2) of the B.N.S., 2023.
4. As per the prosecution case, the petitioner caught hold of the informant when she went to attend the call of nature and threatened her that he would make viral her video. The informant further alleged that earlier in January, 2025, the petitioner offered her some prasad which was spiked and after
2/4 consuming the same she lost her consciousness and in this condition the petitioner committed rape with her and made a video of the same and started blackmailing her showing this video. The petitioner has also been asking her to solemnize marriage with him.
5. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The prosecution story is not believable. Both the petitioner and the informant are married and the petitioner has one child from his marriage. There is no question of petitioner seeking marriage with the informant, a married lady. The informant did not undergo any medical examination. The statement of the victim girl was not recorded before any Judicial Magistrate under Section 183 of the B.N.S.S., 2023. The implication of the petitioner in this case is based on a false video clip whose authenticity could not be verified. Moreover, there is no material on record to prove the veracity of such video clip. Learned counsel further submits that in fact, the petitioner extended a loan of more than rupees one lakh to the husband of the informant and in order to grab the said money, this false case has been lodged. Learned counsel next submits that petitioner is having clean antecedent and
3/4 chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 15.09.2025.
6. Learned A.P.P. appearing on behalf of the State as well as learned counsel for the informant oppose the submissions made on behalf of the petitioner. Learned counsel for the informant submits that there is specific allegation against the petitioner that he committed rape with the informant and thereafter, he has been blackmailing her with threat of making the video of her rape viral.
7. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of material against the petitioner and in the background of allegation and also considering petitioner's clean antecedent, his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara / concerned Court, in connection with Sandesh P.S. Case No. 226 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the
4/4 petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T