IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76341 of 2025 Arising Out of PS. Case No.-300 Year-2025 Thana- HUSSAINGANJ District- Siwan ======================================================

Rohit Patel S/O Ganesh Patel R/o village- Jaijor, P.S.-Andar, Dist- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 19-01-2026 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Hussainganj P.S. Case No. 300 of 2025 registered for the offence punishable under Sections 64(1), 351(3) and 352 of the B.N.S., 2023.

3. The case of the prosecution is that the informant met the petitioner at marriage ceremony, where she handed over her mobile number to him. Thereafter, they started talking to each other. It is further alleged that the informant visited many places with the petitioner and that the petitioner has clicked her nude photographs. It is alleged that, under the impression of marriage, the informant started following the petitioner. It is also alleged that the petitioner established a relationship with the informant even at her house. When the informant came to know that the marrige of the petitioner had already been fixed, she stopped talking to him. It is further alleged that, the petitioner continued to abuse the informant. Subsequently, the marriage of the informant was fixed at another place. The petitioner allegedly obtaining the mobile number of the prospective husband of the informant and shared her videos and photographs, due to which her marriage was broken. It is finally alleged that on 25.07.2025 and 26.07.2025, the petitioner arrived at the house of the informant, abused her parents, and threatened them with dire consequences.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from the perusal of the FIR, it is clear that the informant and the petitioner were in a relationship and they also had a physical relationship. The only allegation against the petitioner is that he has made the video and photographs of the informant viral and shared the same with the prospective husband of the informant, but from the perusal of the case diary, it is clear that save and except the statement of the witnesses, no electronic evidence has been collected by the I.O. during the course of investigation, whereas the Supervising Authority has directed him to collect the electronic evidence available. It has further been submitted that in such circumstances, the statement of the informant that her nude video and photographs were made viral does not get substantiated, and there is no evidence to support that allegation. It has also been submitted that from the perusal of the FIR, it is clear that the informant is aged about 22 years, but she has not complained anywhere regarding the said occurrence, and she has been to many places with the petitioner. Moreover, the petitioner is languishing in judicial custody since 05.08.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case. He also submits that the petitioner has committed rape with the informant on false promise of marriage.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. t