PATNA HIGH COURT
Santosh Kumar Yadav
Cr.Misc.-76203/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76203 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- PHULPARAS District- Madhubani ======================================================
Santosh Kumar Yadav S/o Sakaldev Yadav R/o village - Siyauliya, P.S -
Phulparas, District - Madhubani ... ... Petitioner/s Versus
1. The State of Bihar
2. Kumal Kumari Daughter of Vishnudeo Yadav Resident of Village- Sijauliya, P.S.- Phulparas, Madhubani ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the State : Ms. Anita Kumari, APP For the Informant : Ms. Nitu Kumari, Advocate Mr. Jitendra Kumar Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 342, 376, 504, 354 & 323/34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the informant was in relationship with the petitioner for last seven years. It is further alleged that the petitioner established physical alleged that the petitioner wanted to keep the informant at his house. She was called there and it is further alleged that the petitioner and his family members closed her in a room and abused her. It is further alleged that she was being ousted from the house and was sent to her house on a four wheeler. 4. Learned counsel for the petitioner submits that from perusal of the FIR it is clear that the informant was in relationship with the petitioner for last seven years. It has further been submitted that from perusal of the statement of the victim under Section 183 of the BNSS it is clear that she has stated that she was in relationship with the petitioner and that the petitioner has established physical relationship with her on false promise of marriage. It is lastly alleged that she was ousted from the house by the petitioner and his family members. It has further been submitted that from perusal of the medical examination report it will transpire that the Doctors have opined that according to present physical and pathological examination no medical evidence of sexual assault found at the time of examination and age of informant is above 20 years. Learned counsel for the petitioner has further submitted that it is a case of affair and breakup between two adults. There is nothing like
5. Learned counsel for the Informant has vehemently opposed the bail application of the petitioner.
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 released on bail in connection with Phulparas P.S. Case No. 124 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jhanjharpur.
(Ashok Kumar Pandey, J)
durgesh/- U T
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