Virendra Kumar Mandal @ Birendra Kumar MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91815 of 2025
                      Arising Out of PS. Case No.-265 Year-2025 Thana- AMDABAD District- Katihar
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                 Virendra Kumar Mandal @ Birendra Kumar Mandal Son of Rambilash
                 Mandal Resident of village - Bara Raghunathpur, P.S.- Amdabad, District -
                 Katihar.
                                                                         ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Manju Kumari Daughter of Ramanand Singh Resident of village - Navrasiya
                  Sij, P.S.- Amdabad, District - Katihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Mandal, Adv.
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, APP
                                                  Mr. Bimal Kr., Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
3   25-02-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Amdabad P.S. Case No. 265 of 2025, registered

                   for the offences under Sections 126(2), 115(2), 69, 125(a) of the

                   BNS.

                                3. As per the prosecution case, the petitioner twice

                   entered into physical relationship with the informant giving

                   allurement of marriage. Later on the petitioner refused to marry

                   the informant and brutally assaulted her.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has been

                   falsely implicated in this case. From the FIR it is apparent that

                   the relationship between the parties was consensual and there

                   was no condition of marriage. This fact is also apparent from the
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          contents of the FIR as the informant alleged that petitioner

          established physical relationship with her on 14.11.2024 and

          19.11.2024 whereas the subsequent event of assault and refusal

          is dated 30.10.2025 i.e., after about one year of the last

          occurrence but the informant did not make any complaint

          whatsoever during this period. The petitioner has got clean

          antecedent and he is in custody since 01.11.2025 and charge

          sheet has been submitted.

                       5. Learned APP appearing for the State as well as

          learned counsel for the informant vehemently oppose the

          submission made on behalf of the petitioner. Learned counsel

          for the informant submits that the statement of the victim girl

          was recorded under Section 183 of the BNSS wherein she stated

          that she has been knowing the petitioner for last four years and

          she has stated about petitioner establishing physical relationship

          with her on a number of occasions on false pretext of marriage

          and thereafter assaulted her and fled away.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          nature of accusation and the conduct of the victim and also

          considering submission of charge sheet and period of custody,

          the petitioner is directed to be released on bail, on furnishing
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                       bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each

                       with two sureties of the like amount each to the satisfaction of

                       learned CJM, Katihar/concerned court, in connection with

                       Amdabad P.S. Case No. 265 of 2025, subject to the condition

                       laid down under Section 480(3) of the BNSS and other

                       following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the 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)
Anuradha/-

U      T