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 2/3 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 3/3 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. durgesh/- (Ashok Kumar Pandey, J) U T