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Patna High Court

Govind Jha @ Govind Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail and allowed the application.

Summary

The petitioner, Govind Jha, applied for bail in a case registered under Sections 64, 123, 318(4) and 78 of the BNS, alleging a sexual relationship with the victim for over a year. He had been in custody since 22 September 2025. The prosecution alleged that he had established the relationship, while the petitioner claimed innocence and asserted that the victim’s statement indicated a consensual relationship. Counsel for the petitioner argued that the allegations were false and that the victim, a major, was in a relationship with the petitioner. The court examined the bail criteria and the nature of the allegations and found no compelling reason to deny bail. Consequently, the application was allowed and bail was granted on a bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations under Sections 64, 123, 318(4) and 78 of the BNS
  • Whether the nature of the alleged sexual relationship warrants denial of bail

Subjects

  • bail
  • criminal procedure
  • sexual relationship
  • false implication
  • Bihar
  • Sections 64 123 318(4) 78

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7917 of 2026
                      Arising Out of PS. Case No.-38 Year-2025 Thana- MAHILA P.S. District- Saharsa
                 ======================================================
                 Govind Jha @ Govind Kumar Jha S/O Dinesh Jha @ Shyamal Kishore Jha
                 R/O Vill.-Masomat Pokhar, P.S- Sadar, Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Mishra
                 For the Opposite Party/s :        Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Mahila P.S. Case No. 38 of 2025 registered for the offence

                   under Sections 64, 123, 318(4) and 78 of the BNS.

                                   3. As per the prosecution case, the petitioner is

                   accused of having established sexual relationship with the

                   victim for more than a year.

                                   4. The petitioner is in custody since 22.09.2025.

                                    5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and he has falsely been implicated in

                   this case. He further submits that from the statement of the

                   victim girl, who is a major, it appears that the petitioner and the

                   informant were in a relationship.
          Patna High Court CR. MISC. No.7917 of 2026(3) dt.26-03-2026
                                                      2/2




                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                    7. 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 concerned Court below in connection with Mahila

                    P.S. Case No. 38 of 2025.



                                                             (Sandeep Kumar, J)
Vikas/-

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