Patna High Court
Udgar Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Udgar Kumar Mukhiya, sought anticipatory bail in a Mahila Police Station case (No. 56 of 2025) alleging offences under Sections 69, 89, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that the petitioner facilitated an abortion of the informant’s pregnancy and later evicted her from his house after a purported marriage. The petitioner contended that he never married the informant, that she aborted the pregnancy without his knowledge, and that he was falsely implicated with a clean antecedent. The informant’s counsel opposed bail, emphasizing the seriousness of the allegations. Considering the nature and seriousness of the accusations, the Court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged in the FIR
- Whether the petitioner can be held liable for the offences under Sections 69, 89, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 351(2), 352, 69, 89
Subjects
- anticipatory bail
- criminal procedure
- false implication
- abortion
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67007 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
Udgar Kumar Mukhiya S/O Inar Dev Mukhiya Resident of Village- Mangura
P.S.- Ghanshyampur, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neha Kumari wife of Udgar Kumar Mukhiya Resident of Mohalla- Sara
Fazil, P.S.- Sadar, Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Thakur, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
For the O.P. No. 2 : Mr. Pankaj Kumar Das, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 30-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Mahila P. S. Case
No. 56 of 2025 registered for the offences punishable under
Sections 69, 89, 351(2), 352, 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., there was love affair between the
parties and they solemnized marriage on 02.01.2025 in a temple
in Delhi. In the meantime, informant became pregnant and when
the F.I.R. named accused persons came to know about the
pregnancy, petitioner took her to Darbhanga, aborted the
pregnancy and later on, the accused persons ousted her from the
Patna High Court CR. MISC. No.67007 of 2025(7) dt.30-03-2026
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house.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
never performed any marriage with the informant and she
herself aborted the pregnancy without the knowledge of this
petitioner. Petitioner has falsely been implicated in this case
with an ulterior motive. Petitioner claims clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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