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Patna High Court

Mirtunjay Kumar JhaversusThe State of Bihar

Decided
Disposal
REJECTED

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

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


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