Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 28902 (PAT)

Md. Mustak v. The State of Bihar

CR. MISC./57905/2026 · 2026-08-19

Praveen Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57905 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- JILEBIYA MOR District- Banka ====================================================== Md. Mustak S/O Md. Sattar R/O Village- Ranga, P.S.- Jilebiya More, Dist.- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Jilebiya More P.S. Case No. 29 of 2026 registered for the offences punishable under Sections 69, 352, 351(2) and 3(5) of the BNS. 3. As per the prosecution case, the informant was in a relationship with the petitioner for three years and the petitioner, on the pretext of marriage, established physical relations with her and sexually exploited her on several occasions, as a result of which she became pregnant. It is further alleged that when the informant informed the petitioner about her pregnancy, the petitioner started evading his promise to marry her and made excuses, stating that since his house had not yet been Patna High Court CR. MISC. No.57905 of 2026(2) dt.19-08-2026 2/3 constructed, he was not in a position to marry her. Thereafter, when the family members of the petitioner were informed about the entire incident, they allegedly threatened the informant with dire consequences. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It has further been submitted that the victim is a major and even accepting the allegations to be true, as she claims her age to be 21 years, she was a major at the time of the initial relationship. It has further been submitted that the informant remained in a physical relationship with the petitioner for three years and never raised any complaint during the said period. It is contended that the allegation of a physical relationship having been established on the false promise of marriage cannot be gathered from the facts of the case. It has also been submitted that the relationship between the parties was consensual. Lastly, it has been submitted that the petitioner has clean criminal antecedent and is in custody since 01.06.2026. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner. 6. Heard the parties and perused the record. Patna High Court CR. MISC. No.57905 of 2026(2) dt.19-08-2026 3/3 7. Considering the aforesaid facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka, in connection with Jilebiya More P.S. Case No. 29 of 2026. 8. The application stands allowed. Jyoti/- (Praveen Kumar, J) U T