Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S., 2023.
Summary
Mithlesh Kumar was arrested in connection with a case alleging that he raped a woman, recorded a video of the act, and threatened to make it viral, as well as other offences under Sections 64, 74, 76 and 351(2) of the B.N.S., 2023. The petitioner claimed innocence, arguing that the video was unauthenticated, the victim had not undergone a medical examination, and the allegations were motivated by a financial dispute. The State and the informant maintained that the petitioner had indeed committed rape and was blackmailing the victim. The court considered the petitioner’s clean antecedent, the fact that a chargesheet had been filed, and the lack of conclusive forensic evidence. Weighing these factors, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S., 2023. The bail order also imposed attendance requirements and a provision for cancellation upon violation.
Issues considered
- Whether bail should be granted to the petitioner despite serious allegations of rape, blackmail and other offences under the B.N.S., 2023
- Whether the lack of a medical examination and unauthenticated video affect the merits of the bail application
- Whether the petitioner’s clean antecedent and the filing of a chargesheet justify bail
Legislation cited
- B.N.S., 2023 — s. 183, 351(2), 480(3), 64, 74, 76
Subjects
- bail
- rape
- blackmail
- video evidence
- Section 480(3)
- criminal procedure
- clean antecedent
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- SANDESH District- Bhojpur
======================================================
Mithlesh Kumar S/o Sharma Chaudhary, Resident of Village- Ahpura, Police
Station- Sandesh, Distt- Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Deepak Kishor, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
For the Informant : Mr. Dhanesh Kumar Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. Learned counsel for the petitioner is permitted to
make necessary correction in paragraph no. 10 of the bail
petition in the course of the day.
3. In the present case, the petitioner seeks bail in
connection with Sandesh P.S. Case No. 226 of 2025 dated
14.09.2025, registered for the offences punishable under
Sections 64, 74, 76 and 351(2) of the B.N.S., 2023.
4. As per the prosecution case, the petitioner caught
hold of the informant when she went to attend the call of nature
and threatened her that he would make viral her video. The
informant further alleged that earlier in January, 2025, the
petitioner offered her some prasad which was spiked and after
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consuming the same she lost her consciousness and in this
condition the petitioner committed rape with her and made a
video of the same and started blackmailing her showing this
video. The petitioner has also been asking her to solemnize
marriage with him.
5. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The prosecution story is not
believable. Both the petitioner and the informant are married
and the petitioner has one child from his marriage. There is no
question of petitioner seeking marriage with the informant, a
married lady. The informant did not undergo any medical
examination. The statement of the victim girl was not recorded
before any Judicial Magistrate under Section 183 of the
B.N.S.S., 2023. The implication of the petitioner in this case is
based on a false video clip whose authenticity could not be
verified. Moreover, there is no material on record to prove the
veracity of such video clip. Learned counsel further submits that
in fact, the petitioner extended a loan of more than rupees one
lakh to the husband of the informant and in order to grab the
said money, this false case has been lodged. Learned counsel
next submits that petitioner is having clean antecedent and
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chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 15.09.2025.
6. Learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that there is specific allegation against
the petitioner that he committed rape with the informant and
thereafter, he has been blackmailing her with threat of making
the video of her rape viral.
7. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of material against the petitioner and in the background
of allegation and also considering petitioner’s clean antecedent,
his period of custody and submission of chargesheet, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhojpur at
Ara / concerned Court, in connection with Sandesh P.S. Case
No. 226 of 2025, subject to the condition laid down under
Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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