Momin RazaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31024 of 2026
                     Arising Out of PS. Case No.-3 Year-2026 Thana- KURLIKOT District- Kishanganj
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                 Momin Raza S/o Md Rafique R/o vill- Kowabhitta, ward no. 19, Thana-
                 Kurlikot, District- Kishanganj

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-05-2026                  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(1) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The case of the prosecution, in brief, is that the

                   petitioner entered into the house of the informant and forcibly

                   committed rape upon her. It is further alleged that he was

                   apprehended by the family members of the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. It has further been submitted that, during the

                   course of investigation, the victim gave her statement under

                   Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. MISC. No.31024 of 2026(2) dt.11-05-2026
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          wherein she stated that she was on talking terms with the

          petitioner and that, on the alleged date of occurrence, the

          petitioner had come to meet her, whereupon he was

          apprehended by her family members. The victim further stated

          that no force was used against her and that her family members

          had pressurized her into lodging the present case. Learned

          counsel for the petitioner further submits that the statement of

          the victim recorded under Section 183 of the BNSS completely

          exonerates the petitioner from the allegations levelled against

          him. It is also submitted that the petitioner is languishing in

          judicial custody since 24.01.2026 and has no criminal

          antecedent.

                       5. Learned APP appearing for the State has opposed

          the prayer for regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, particularly the statement of the victim recorded

          under Section 183 of the BNSS, the period of custody

          undergone by the petitioner, and the absence of any criminal

          antecedent, this Court is inclined to enlarge the petitioner on

          bail.

                       7. Accordingly, the above-named petitioner is directed

          to be released on bail in connection with Kurlikot P.S. Case No.
            Patna High Court CR. MISC. No.31024 of 2026(2) dt.11-05-2026
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                      3 of 2026 on furnishing bail bonds of Rs.10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Additional Chief Judicial Magistrate-

                      II, Kishanganj.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T