Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.270 of 2026 Arising Out of PS. Case No.-655 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Pramod Kumar, Male, aged about 26 years, Son of Kishori Yadav, Resident of Village- Bikram Bigha Police Station- Belaganj District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anu Kumari, Wife of Pramod Kumar, Resident of Village- Bikram Bigha, P.S.- Belaganj District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 655 of 2024 instituted for the offences punishable under Sections 75(2), 76, 115(2), 351(2), 352 and 127(2) of the BNS, 2023.

3. As per allegation in the FIR, it is case of assault upon the informant and her father-in-law, locked the door of the room of the informant and entered inside her room and made effort to commit rape upon the informant and thereafter the informant could save her prestige and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.270 of 2026(2) dt.15-01-2026 2/3 falsely been implicated in this case. He submits that the petitioner is the husband of the informant. He further submits that the informant married to the petitioner according to Hindu rites and customs. Petitioner is in custody since 09.09.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the FIR and impugned order of the learned District and Additional Sessions Judge-XVth, Gaya Jee dated 01.11.2025, it appears that petitioner is named in the FIR. From perusal of the records, it also appears that on the basis of written report of the informant Anu Kumari, FIR has been registered under Sections 75(2), 76, 115(2), 351(2), 352 and 127(2) of the BNS, 2023 against five co-accused persons including the present petitioner. It also appears that the petitioner is the husband of the informant and there is no any specific allegation against the petitioner. Earlier one case was also registered by the informant under Section 498A of the Indian Penal Code and in that case petitioner is on bail on the basis of compromise, as submitted by learned counsel for the petitioner. From perusal of the FIR, it also appears that there is a specific and serious allegation against the father-in-law of the informant and not the present petitioner. Petitioner is in custody

Patna High Court CR. MISC. No.270 of 2026(2) dt.15-01-2026 3/3 since 09.09.2025 as mentioned in para 3 of the petition, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya Jee in connection with Belaganj P.S. Case No. 655 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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