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Patna High Court

Mukesh Kumar @ Mukesh Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail pending trial.

Summary

Mukesh Kumar Yadav was arrested in connection with a Mahila Police Station case alleging offences under IPC sections 341, 323, 376, 420 and 506/34, including wrongful restraint, hurt, rape, cheating and criminal intimidation. The prosecution alleged that he promised the complainant a government job, took Rs 4 lakhs from her, and had a physical relationship with her. The petitioner contended that the allegations were false, highlighted a delay in filing the complaint, asserted that there was no forceful sexual intercourse, and claimed he had already repaid the money. The informant’s counsel sought bail denial, while the petitioner’s counsel argued lack of substantive evidence and the petitioner’s right to liberty. After hearing both sides, the court found the allegations insufficient to justify continued detention and ordered bail. The petitioner was released on a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail can be granted in a case involving alleged offences under IPC sections 341, 323, 376, 420 and 506/34.
  • Whether the delay in filing the complaint and the absence of evidence of force affect the grant of bail.
  • Whether the alleged financial cheating influences the decision on bail.

Legislation cited

Subjects

  • bail
  • cheating
  • rape
  • IPC
  • delay in complaint
  • false accusation
  • criminal intimidation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80601 of 2025
                    Arising Out of PS. Case No.-70 Year-2022 Thana- MAHILA P.S. District- Sheikhpura
                 ======================================================
                 Mukesh Kumar @ Mukesh Kumar Yadav Son of Late Mohan Yadav @ Late
                 Mohan Prasad Yadav R/o Village - Sukhlahi, P.S. - Mainatand@ Mainatarh,
                 Dist. - Bettiah.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                   Mrs. Vaishnavi Singh, Advocate
                                                   Mr. Ritwik Thakur, Advocate
                 For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-02-2026                    Heard Mr. Ajay Kumar Thakur, learned counsel for

                   the petitioner and Mr. Chandra Sen Prasad Singh, learned APP

                   for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Mahila P.S. Case No. 70 of 2022 registered for the offence

                   punishable under Sections 341, 323, 376, 420 and 506/34 of the

                   Indian Penal Code.

                                 3. The case of the prosecution based on the complaint

                   petition, in short is that the complainant is an educated

                   unemployed lady. She came in connection with the petitioner,

                   who is an assistant teacher working at village Gauripur. It is

                   further alleged that the petitioner assured that he will arrange
Patna High Court CR. MISC. No.80601 of 2025(3) dt.02-02-2026
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          government service for her, and it is alleged that the petitioner

          established physical relationship. It is further alleged that the

          petitioner kept the complainant at her house for many days and

          introduced her as his colleague. It is further alleged that from

          the year 2019 the petitioner has taken Rs. 4 lakhs for arranging a

          government job for the complainant and that he has established

          physical relationship on this score only.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that at

          Annexure-3, there is also an FIR filed by the complainant in this

          case, which states that her marriage was fixed with one Rajiv

          Ranjan Pandey. Rajiv Ranjan Pandey had assured that he will

          marry her, and on this assurance, she went with him to Rajrappa

          Mandir, where he established physical relationship with her.

          Whenever she objected, he threatened her of committing

          suicide. This shows that the complainant is in the habit of

          implicating the youth on the ground of forceful sexual

          intercourse on this or that pretext.

                       5. It has also been submitted that, as per the complaint

          petition, there is an allegation that from the year 2019, the
Patna High Court CR. MISC. No.80601 of 2025(3) dt.02-02-2026
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          petitioner cheated her of Rs. 4 lakhs on the pretext of arranging

          government job, whereas this complaint was lodged in the year

          2022. There is no explanation for the delay. He further submits

          that the complainant and the petitioner both are majors. He also

          submits that from the perusal of the complaint petition itself, it

          is clear that there is no forceful sexual intercourse and only

          allegation is that the intercourse was committed on the

          assurance of arranging job. He further submits that the petitioner

          is languishing in judicial custody since 26.08.2025.

                       6. The application for bail is vehemently opposed by

          the learned counsel for the informant and the learned APP for

          the State. Learned counsel for the informant submits that the

          petitioner has cheated the informant and has taken Rs. 4 lakhs

          from her for arranging job. It is also submitted that he should be

          directed to pay the said amount. Learned counsel for the

          informant has also stated that Rs. 4 lakhs rupees were paid in

          cash and in account also but he is not having evidence regarding

          payment of entire Rs. 4 lakhs. He is having statement of bank

          for certain rupees.

                       7. Countering this, the learned counsel for the

          petitioner has submitted that the petitioner is also having the

          statements which will go to show that he has already paid the
           Patna High Court CR. MISC. No.80601 of 2025(3) dt.02-02-2026
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                     informant more than that amount.

                                  8. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Sheikhpura in connection with Mahila P.S.

                     Case No. 70 of 2022.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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