Abit @ AbidversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20224 of 2026
                        Arising Out of PS. Case No.-96 Year-2025 Thana- TARABARI District- Araria
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                 Abit @ Abid S/o Late Tajuddin Resident of Village- Jhamta, Ward No. 11,
                 P.S.- Tarabari, District- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Raj, Advocate
                                                   Mr. Vikas Kr. Jha, Adv.
                                                   Mr. Abhinav Kr. Adv.
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   07-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Tarabari P.S. Case No. 96 of 2025, dated 30.10.2025,

                   lodged under Sections 126(2), 115(2) and 64 of the Bhartiya

                   Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, FIR has been lodged

                   against the present petitioner, who is alleged to be the brother-

                   in-law (devar) of the informant. The informant has made

                   allegation against him that he committed rape upon her.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that from the contents of the FIR, it transpires
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          that the informant is the sister-in-law (bhabhi) and the accused

          is the brother-in-law (devar). Counsel further submits that a

          heated discussion took place between them only on the issue

          that the children of the family should not go outside at night.

          Counsel further submits that the alleged occurrence, as

          mentioned in the FIR, took place on 27.10.2025, but the FIR has

          been lodged after a delay of 3 days. Counsel further submits that

          on the previous occasion, the case diary was called for along

          with the medical report, from which it becomes clear that the

          petitioner is innocent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the prosecutrix has made

          allegation against the petitioner of rape and such allegation

          cannot be ignored. However, he also submits that the case diary

          has been called for and upon perusal of the same, in which the

          medical report is available, it is clear that the occurrence is

          alleged to have taken place on 27.10.2025 and the medical

          report has been prepared on 31.10.2025. The report indicates

          that no sign of fresh sexual assault was detected as per the

          physical findings.

                       6. It transpires to this Court from the statements of the

          witnesses, as mentioned in paragraph nos. 58 and 59, that a
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                    heated discussion took place between the informant (bhabhi)

                    and petitioner (devar), but no such occurrence took place as

                    mentioned in the FIR.

                                 7. Considering the facts and circumstances of the

                    present case, as well as upon perusal of the statements of the

                    eye-witnesses and the medical report, this Court finds that there

                    is doubt regarding the allegation. As such, let the above-named

                    petitioner be released on anticipatory bail, in the event of arrest

                    or surrender before the Trial Court within a period of 4 weeks

                    from today, on furnishing bail bond of Rs.30,000/- (Rupees

                    Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS,

                    2023 to the satisfaction of J.M., 1st Class, Araria, in connection

                    with Tarabari P.S. Case No. 96 of 2025, subject to the conditions

                    as laid down U/s 482(2) of the BNSS, 2023.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U     T