Patna High Court
Birbal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with conditions.
Summary
Birbal Kumar was charged under Section 64 of the BNS for allegedly forcing a sexual relationship with an informant, recording the act and blackmailing her. The FIR recorded incidents on 7‑8 April 2025, after which the informant reported the matter to her parents. The petitioner applied for regular bail, contending that the relationship was consensual between two adults and that the FIR did not specify the date of the first alleged act. The State opposed bail, emphasizing the seriousness of the alleged sexual assault and extortion. The court, after weighing the facts, granted bail on the condition that the petitioner not follow the informant and required a bail bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted in a case of alleged sexual assault and blackmail under Section 64 of the BNS
- The effect of the FIR’s omission of a specific date for the first alleged act on bail considerations
- Whether the petitioner poses a risk of tampering with evidence or further harassment of the informant
Subjects
- bail
- sexual assault
- blackmail
- Section 64
- BNS
- high court
- regular bail
- panchayati
- informant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84119 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- DHANARUA District- Patna
======================================================
Birbal Kumar S/o- Late Kirpa Bind Resident of Village- Nasratpur, P.S.
Dhanarua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.K. Lal, Sr. Advocate
Mr. S.N. Pandit, Advocate
Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 64 of the BNS.
3. The case of the prosecution, in short, is that the
petitioner obtained the mobile number of the informant and started
talking with her. After that he has forcefully established physical
relationship with the informant at her village and has taken
photograph and video of the act. After that the informant went to
Masaurhi where she was followed by the petitioner. It is further
alleged that the petitioner started blackmailing the informant on
the basis of photo and video and established physical relationship
for many times at Masaurhi also. On 07.04.2025 when the
Patna High Court CR. MISC. No.84119 of 2025(3) dt.31-01-2026
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informant was waiting for tempo at Biranchi More, the petitioner
arrived there on a bike; boarded her on the bike and took her to
Patna and established physical relationship in a hotel. It is further
alleged that on 08.04.2025 the informant was dropped at
Gaurichak Bazar and from there she arrived at her house and
informed the occurrence to her parents.
4. Learned counsel for the petitioner submits that from
perusal of the FIR itself it is clear that the petitioner and the
informant have established physical relationship for many times
but as far as the first act is concerned, no date of that act is given.
Two dates are given in this case. One is 07.04.2025 and second is
08.04.2025. It is alleged that she was taken to a hotel in Patna
where Birbal Kumar (petitioner) has established physical
relationship and on the next day he dropped her at Gaurichak
Bazar. Learned counsel for the petitioner has further submitted that
last act as per the FIR was of 07.04.2025. The FIR was lodged on
14.04.2025. During course of investigation a panchayati was held
between the petitioner and the informant but that panchayati was
not successful. Learned counsel for the petitioner has submitted
that it is a case of affair between two majors and break-up
thereafter on some issues.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
Patna High Court CR. MISC. No.84119 of 2025(3) dt.31-01-2026
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6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail with
the condition that as the learned counsel for the petitioner has
submitted that despite the panchayati they could not be separated,
petitioner is directed not to follow the informant in future. The
above named petitioner is directed to be released on bail in
connection with Dhanarua P.S. Case No. 244 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Rape and POCSO Act, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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