Mukesh Kumar GuptaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21426 of 2026
                         Arising Out of PS. Case No.-197 Year-2025 Thana- BADDI District- Rohtas
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                 Mukesh Kumar Gupta Son of Baiju Prasad Gupta Resident of Village- Raipur
                 Chore, PS -Baddi, Dist -Rohtas

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajani Kant Singh, Advocate
                 For the Opposite Party/s :        Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  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 64 (1), 318

                   (4) and 351 (2) of the BNS.

                                3.    The case of the prosecution, in brief, is that the

                   informant, who is a Jeevika teacher, came into contact with the

                   petitioner, who is a tempo driver, and used to travel in his

                   tempo. It is alleged that on 04.12.2025 at about 4:00 P.M., the

                   petitioner called the informant and established a forceful

                   physical relationship with her. Thereafter, he continued to call

                   and threaten her. It is further alleged that the petitioner took a

                   sum of Rs. 50,000/- from the informant and also promised to

                   marry her.
Patna High Court CR. MISC. No.21426 of 2026(2) dt.06-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that,

          from the perusal of the F.I.R. itself, it is evident that the alleged

          occurrence of forceful sexual intercourse is dated 04.12.2025,

          whereas the F.I.R. has been lodged on 20.12.2025, after a delay

          of 16 days, for which no explanation has been furnished. It is

          further submitted that, so far as the allegation regarding false

          promise of marriage is concerned, the same appears only in the

          latter part of the F.I.R., and it is not alleged that the physical

          relationship was established on such false promise; rather, the

          allegation is that the relationship was established first, and

          thereafter, a promise of marriage was made.

                       5. Learned counsel further submits that the allegation

          of forceful sexual intercourse is not supported by the conduct of

          the informant, inasmuch as no complaint was made for more

          than 15 days, and no medical examination has been conducted.

          It is also submitted that, in fact, there existed a consensual

          relationship between the petitioner and the informant, which

          subsequently turned sour, leading to the institution of the present

          case. Moreover, the petitioner is languishing in judicial custody

          since 20.12.2025 having no criminal antecedent.
            Patna High Court CR. MISC. No.21426 of 2026(2) dt.06-04-2026
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                                   6. Learned A.P.P. has vehemently opposed the prayer

                      for bail.

                                   7. Considering the aforesaid 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 Baddi P.S. Case No. 197 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

                      Judicial Magistrate, 1st Class, Sasaram Rohtas.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

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