Patna High Court
Mithilesh Kumar @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Mithilesh Kumar, arrested on 22 September 2023 in connection with a 2017 rape case (Sections 376 and 34 IPC), filed a bail petition. He claimed a clean antecedent and alleged that the FIR was fabricated, asserting that the victim's medical report did not support the rape allegation, although her statement under Section 164 CrPC was on record. The State opposed bail. The Patna High Court, after considering the medical evidence, the length of custody, and the petitioner's background, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to an accused in a rape case under Sections 376/34 IPC given the nature of the offence and the evidence.
- Whether the medical report and alleged falsehood of the FIR justify release on bail.
- Whether the petitioner poses a risk of tampering with evidence or fleeing.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 376
Subjects
- bail
- rape
- IPC 376
- IPC 34
- CrPC Section 164
- medical evidence
- high court
- Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5392 of 2026
Arising Out of PS. Case No.-98 Year-2017 Thana- DERNI BAZAR District- Saran
======================================================
Mithilesh Kumar @ Mithlesh Kumar S/o- Late Kapuri Rai R/o village -
Chhotka Baneya , P.s- Derni, District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X D/o- Shivpujan Singh R/v- Ramjitpur Ps- Derni Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Mr. Nitya Nand Tiwary, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
22.09.2023, in connection with Derni P.S. Case No. 98 of 2017,
F.I.R. dated 19.08.2017 registered for the offences punishable
under Sections 376/34 of the Indian Penal Code.
3. Allegation against the petitioner is that he has
committed rape upon the victim.
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
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.5392 of 2026(2) dt.29-01-2026
2/3
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 which was recorded under Section 164 of the Cr.
P.C./183 B.N.S., 2023 but the medical examination report of the
victim reveals that she was 19 years of old at the time of
examination and apart from aforesaid the medical evidence does
not support the allegation as alleged in the F.I.R. against the
petitioner and the petitioner is in custody since 22.09.2023.
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
as well as medical evidence in the present case as well as period
of custody, 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 1st Additional Sessions Judge, Saran at Chapra in
connection with Derni P.S. Case No. 98 of 2017, subject to the
following conditions :-
(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
Patna High Court CR. MISC. No.5392 of 2026(2) dt.29-01-2026
3/3
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…