Patna High Court
Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions, despite the serious nature of the charges.
Summary
The petitioner, Rakesh Yadav, was arrested on 25 July 2025 in connection with a FIR dated 28 May 2024 alleging rape of his own daughter and criminal intimidation under IPC sections 376 and 506. The prosecution contended that the petitioner had committed the offences, while the petitioner claimed he was falsely implicated, citing a clean antecedent and the absence of any medical evidence of rape. The victim’s statement under Section 164 of the CrPC was noted, but the court observed that the medical examination conducted on 28 May 2024 showed no signs of rape. After hearing arguments from both sides, the court decided to grant bail, imposing a bond of Rs.10,000 with two sureties and several conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner fails to appear on two consecutive dates or conceals any criminal history.
Issues considered
- Whether bail should be granted to an accused charged with rape (IPC 376) and criminal intimidation (IPC 506) after prolonged pre‑trial detention.
- Whether the lack of medical evidence and the claim of false allegations justify release on bail.
- Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation and prevent tampering with evidence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 376, 506
Subjects
- bail
- rape
- IPC 376
- criminal intimidation
- IPC 506
- medical evidence
- pre‑trial detention
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4531 of 2026
Arising Out of PS. Case No.-23 Year-2024 Thana- MAHILA PS District- Khagaria
======================================================
Rakesh Yadav S/o Rajendra Prasad Yadav@ Rajendra Yadav. Resident of
Village- PIrngara, Ward No. 6, P.S.- Beldaur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
Mr. Harsh Kumar, Advocate
Mr. Salaj Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Ms. Eashita Raj, learned counsel for the
petitioner and Mr. Dilip Kumar No. 1, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.07.2025 in connection with Khagaria Mahila P.S. Case No.
23 of 2024, F.I.R. dated 28.05.2024 for the offences punishable
under Sections 506 and 376 of the IPC.
3. According to prosecution case, this petitioner has
committed rape upon the victim who is his own daughter.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.4531 of 2026(2) dt.30-01-2026
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any offence as alleged in the F.I.R. It is admitted position that
the informant is daughter of the petitioner. Although the victim
has supported the case in her statement recorded under Section
164 of the Cr.P.C./183 of the B.N.S.S but the date of occurrence
is 27.05.2024 and the victim was medically examined on
28.05.2024 and there is no sign of rape found on the victim. She
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 25.07.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Khagaria in connection with Khagaria Mahila P.S. Case No. 23
of 2024, subject to the following conditions:-
i. 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.
Patna High Court CR. MISC. No.4531 of 2026(2) dt.30-01-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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