Patna High Court
Raju Kumar @ Vijendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with conditions, as the medical report did not substantiate the rape allegation and the petitioner had a clean antecedent.
Summary
The petitioner, Raju Kumar, was arrested on 30 July 2025 in connection with a rape allegation under Section 64 of the B.N.S., based on FIR dated 28 July 2025. He contended that he has a clean antecedent and that the accusation is fabricated, pointing out that the victim's medical report, prepared the day after the alleged incident, does not corroborate the prosecution's case. The victim’s statement was recorded under Section 183 of the B.N.S.S., 2023, but the medical evidence was deemed insufficient. The learned Additional Public Prosecutor opposed bail, while the petitioner’s counsel argued for release. The High Court, after considering the lack of medical support and the petitioner’s clean record, granted bail subject to strict conditions, including cooperation with the trial, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in a rape case under Section 64 of the B.N.S. given the medical report does not support the prosecution's case.
- Whether the petitioner’s clean antecedent and alleged fabrication of the FIR warrant bail.
Legislation cited
- B.N.S. — s. 64
- B.N.S.S., 2023 — s. 183
Subjects
- bail
- rape
- Section 64
- Section 183
- medical report
- false allegation
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10036 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Raju Kumar @ Vijendra Kumar S/o- Vinod Kumar Prasad @ Vinod Kumar
singh Village- Kurthaul, Chanda Chak, Dariyapur, Police Station- Parsa
Bazar, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Khooshbu Khatun D/o- Allaudin Ansari R/v- Bandarjbula Ps- Sonbarsa @
saribarsha Dist- Sitamarhi, A/P- Dariyapur Chanddachak Ps- Parsa Bazar
Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard Mr. Prem Kumar, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
30.07.2025, in connection with Parsa Bazar P.S. Case No. 317
of 2025, F.I.R. dated 28.07.2025 registered for the offences
punishable under Section 64 of the B.N.S.
3. Allegation against the petitioner is of committing
rape upon the informant forcibly.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.10036 of 2026(3) dt.06-04-2026
2/3
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Although the victim has supported the case of the prosecution in
her statement recorded under Section 183 of the B.N.S.S., 2023
but the medical report of the victim which was conducted on
28.07.2025 i.e. next day of the occurrence which suggests that
the medical report of the victim does not support the case of the
prosecution. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 30.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
medical report of the victim does not support the allegation as
alleged in the F.I.R., let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Rape and
POCSO Act, Patna in connection with Parsa Bazar P.S. Case
No. 317 of 2025, subject to the following conditions :-
Patna High Court CR. MISC. No.10036 of 2026(3) dt.06-04-2026
3/3
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…