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Patna High CourtCR. MISC./91815/2025bail granted

Virendra Kumar Mandal @ Birendra Kumar Mandal v. The State Of Bihar

2026-02-25Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91815 of 2025 Arising Out of PS. Case No.-265 Year-2025 Thana- AMDABAD District- Katihar ====================================================== Virendra Kumar Mandal @ Birendra Kumar Mandal Son of Rambilash Mandal Resident of village - Bara Raghunathpur, P.S.- Amdabad, District - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Kumari Daughter of Ramanand Singh Resident of village - Navrasiya Sij, P.S.- Amdabad, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Mandal, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP Mr. Bimal Kr., Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Amdabad P.S. Case No. 265 of 2025, registered for the offences under Sections 126(2), 115(2), 69, 125(a) of the BNS.

3. As per the prosecution case, the petitioner twice entered into physical relationship with the informant giving allurement of marriage. Later on the petitioner refused to marry the informant and brutally assaulted her.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. From the FIR it is apparent that the relationship between the parties was consensual and there was no condition of marriage. This fact is also apparent from the

Patna High Court CR. MISC. No.91815 of 2025(3) dt.25-02-2026 2/3 contents of the FIR as the informant alleged that petitioner established physical relationship with her on 14.11.2024 and 19.11.2024 whereas the subsequent event of assault and refusal is dated 30.10.2025 i.e., after about one year of the last occurrence but the informant did not make any complaint whatsoever during this period. The petitioner has got clean antecedent and he is in custody since 01.11.2025 and charge sheet has been submitted.

5. Learned APP appearing for the State as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the statement of the victim girl was recorded under Section 183 of the BNSS wherein she stated that she has been knowing the petitioner for last four years and she has stated about petitioner establishing physical relationship with her on a number of occasions on false pretext of marriage and thereafter assaulted her and fled away.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of accusation and the conduct of the victim and also considering submission of charge sheet and period of custody, the petitioner is directed to be released on bail, on furnishing

Patna High Court CR. MISC. No.91815 of 2025(3) dt.25-02-2026 3/3 bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Katihar/concerned court, in connection with Amdabad P.S. Case No. 265 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the 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) Anuradha/- U T