Patna High Court
Mirtunjay Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail could not be granted and refused the petitioner's application.
Summary
The petitioner, Mirtunjay Kumar Jha, was arrested on 8 August 2025 in connection with a case alleging sexual assault, extortion, and threats against his sister‑in‑law, the informant. He is charged under Sections 64, 75(2), 77, 308(5), 352 and 351(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner contended that he is innocent, suffers a 45% disability in his left leg, and was falsely implicated due to ulterior motives. The State and the informant opposed bail, relying on the victim’s statement recorded under Section 183 of the same Act, which corroborated the allegations. The Court examined the seriousness of the offences, the victim’s testimony, and the lack of sufficient justification to grant bail despite the petitioner’s disability. Consequently, the Court refused the bail application, ordering the petitioner to remain in custody.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner’s disability and claim of false implication warrant a bail order.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 308(5), 351(2), 352, 64, 75(2), 77
Subjects
- bail
- sexual assault
- extortion
- threat
- disability
- criminal procedure
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 3042 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- MANSURCHAK District- Begusarai
======================================================
Mirtunjay Kumar Jha S/O Awadhesh Jha @ Thako Jha R/O Village and P.O.-
Bachhwara, Ward no. 11, P.s.- Bachhawara, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
: Mr. Anil Kumar Sinha, Advocate
: Mr. Pranay Kumar Verma, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
For the Informant : Mr. Mudit Meet, Advocate
: Mr. Purushottam Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 09-04-2026 Heard Mr. Devendra Kumar, learned counsel for
the petitioner, Mr. Damodar Prasad Tiwary, learned A.P.P. for
the State and Mr. Mudit Meet, learned counsel for the
Informant.
2. The petitioner seeks bail, who is in custody since
08.08.2025 in connection with Mansurchak P.S. Case No.82 of
2025, FIR dated 07.08.2025 registered for the offence under
Section 64, 75(2), 77, 308(5), 352, 351(2)of the Bharatiya Nyay
Sanhita, 2023.
3. Allegation against the petitioner is that he used
to sexually assault the informant and took money from her by
Patna High Court CR. MISC. No. 3042 of 2026(4) dt.09-04-2026
2/3
threatening her to viral her nude video and kill her husband and
son.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. Infact the petitioner is a disabled person
and doctor has found 45%disability in his left leg and in this
regard the authority has issued a Unique Disability ID on
19.05.2022. He further submits that informant is sister-in-law of
the petitioner and due to some ulterior motive, the petitioner has
been made accused in this case and the petitioner is rotting in
judicial custody since 08.08.2025.
5. Learned A.P.P. for the State and learned counsel
for the Informant have vehemently opposed the prayer for bail
of the petitioner and submits that statement of the victim was
recorded under Section 183 BNSS in which she had fully
supported the case of the prosecution and stated that the
petitioner had committed rape upon her and apart from that it
has come during investigation, which is recorded in paragraph
nos.45 and 47 of the case diary that petitioner had also taken
money from the victim (informant).
6. Considering the facts and circumstances of the
case and nature of allegation supported by statement of the
Patna High Court CR. MISC. No. 3042 of 2026(4) dt.09-04-2026
3/3
victim, I am not inclined to enlarge the petitioner on bail in
connection with Mansurchak P.S. Case No.82 of 2025, pending
in the Court of C.J.M., Begusarai, Bihar.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…