Akhilesh MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36448 of 2024
                   Arising Out of PS. Case No.-4 Year-2024 Thana- MAHILA PS District- East Champaran
                 ======================================================
                 Akhilesh Mahto Son of Mosafir Mahato Resident of Village - Semra, P.S.-
                 Turkauliya, District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 For the Informant        :       Mr. Ashok Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

8   09-04-2026                   Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner, Mr. Ashok Kumar, learned counsel for the informant

                   and Mr. Jai Narain Thakur, learned Additional Public Prosecutor

                   for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.03.2024 in connection with Mahila P.S. Case No. 4 of 2024,

                   F.I.R. dated 01.03.2024 for the offences punishable under

                   Sections 376, 420, 504, 506 and 34 of the IPC.

                               3. According to prosecution case, this petitioner on

                   the pretext of marriage has established physical relation with the

                   victim out of which a male child was born on 09.01.2024 but

                   later on refused to marry her.

                               4. Learned counsel for the petitioner submits that
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          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. In fact, the petitioner was in

          love with the victim and they have performed marriage. He

          further submits that the statement of the victim was recorded

          under Section 164 of the Cr.P.C in which she has stated that she

          was in love with the petitioner and apart from that she has stated

          that during her love affair she was blessed with a male child on

          09.01.2024. He further submits that the petitioner and the victim

          have performed marriage before the Marriage Officer, Motihari

          on 05.09.2024. Certificate of marriage issued by the competent

          authority is Annexure-3 of the supplementary affidavit. Initially

          the petitioner was in custody since 02.03.2024 but vide order

          dated 20.05.2024 the petitioner has been granted provisional

          bail for one month and the same was extended from time to

          time. Lastly, the petitioner has surrendered before the Court

          below after expiry of the time of the provisional bail on

          23.03.2026.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner and submits that victim has
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          performed marriage with the petitioner and she is living with the

          petitioner in his house with full honor and dignity.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Sub-

          Divisional Judicial Magistrate, Sadar, Motihari, East Champaran

          in connection with Mahila P.S. Case No. 4 of 2024, subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                      iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T