IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8579 of 2026 Arising Out of PS. Case No.-108 Year-2025 Thana- KATRA District- Muzaffarpur ======================================================

Md. Akbar S/O Md. Jahangir R/O Village- Tehawara Tole Fakirana, P.S-

Katra, Distt.- Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 64, 318(4), 352, 351(2), 351(4) and 3(5) of the BNS.

3. The case of the prosecution, in short, is that the husband of the informant was working abroad for earning his livelihood and the informant was living alone at her house with a son of 7 years of age. It is alleged that the petitioner used to visit her. In the year 2023, she was administered intoxicating sweets by the petitioner and then the petitioner established physical relationship with her and also clicked video of the act. It is further alleged that on the basis of these videos, the petitioner started blackmailing the victim. It is further alleged that the petitioner has taken altogether 1 Lakh 60 Thousand rupees from the informant. After this, she informed her husband. It is further alleged that the petitioner started defaming the informant and also called her husband regarding his relationship with the informant. It is further alleged that on 25.04.205, when the informant went to the petitioner for conciliating the matter, it is alleged that the petitioner assaulted the brother of the informant.

4. Learned counsel for the petitioner submits that from perusal of the FIR it is clear that the petitioner was having relationship with her from the year 2023 and it is alleged that on 25.04.2025 the petitioner has assaulted the brother of the informant but from perusal of the FIR it will transpire that the FIR was lodged on 06.05.2025; after much delay. It has further been submitted that during course of investigation it has come that the informant has denied medical examination. It has also come during investigation that there is dispute of cash between the parties. Both parties have alleged that they have advanced cash to each other. Learned counsel for the petitioner has submitted that actually the informant has taken loan from him during course of CORONA and as the petitioner started demanding the cash advanced to her, she has filed this case. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is languishing in judicial custody since 19.07.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the bail.

6. As the informant is not ready for medical examination, it goes to show that the allegations regarding sexual intercourse with the petitioner is false.

7. 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 released on bail in connection with Sessions Trial No. 785 of 2025 arising out of Katra P.S. Case No. 108 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Court no.-III, Muzaffarpur.

(Ashok Kumar Pandey, J)

durgesh/- U T