Patna High Court
Rajesh Ray @ Rajesh Rai @ Rajesh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, holding that the bail application is maintainable despite the alleged inter‑state nature of the offence.
Summary
The petitioner, Rajesh Ray, applied for bail in a criminal case (PS Tajpur Case No.86 of 2025) registered in Bihar for alleged offences under sections 64, 115(2), 352, 351(2) and 351(3) of the B.N.S., 2023. He is accused of raping his sister‑in‑law in Mumbai, Maharashtra, yet the FIR was lodged in Bihar. He has been in custody since 2 December 2025. The petitioner argued that the alleged crime occurred outside Bihar and therefore the case should not have been registered there. The Court considered the jurisdictional issue and the nature of the charges, and decided that bail could be granted. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether a bail application can be entertained when the alleged offence was committed outside the state in which the FIR is registered
- Whether the court has jurisdiction to try the case registered in Bihar for an offence alleged to have occurred in Maharashtra
- Whether bail should be granted given the nature of the charges under the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 115(2), 351(2), 351(3), 352, 64
Subjects
- bail
- jurisdiction
- inter‑state offence
- rape
- criminal procedure
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6353 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
Rajesh Ray @ Rajesh Rai @ Rajesh Kumar Rai S/O Premsagar Ray R/O
Rajakha Rampur, Ward no. 4, P.S.- Tajpur, Dist.- Samastipur. 848101
... ... Petitioner
Versus
1. The State of Bihar
2. Ms X W/O Randhir Ray R/O Rajakha Rampur, Ward no. 4, P.S.- Tajpur,
Dist.- Samastipur. 848101
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Piyush Kumar Pandey, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
For the Opp. Party No.2 : Mr. Rajeev Ranjan No.II, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the opposite party no.2
2. The petitioner seeks bail in connection with
Tajpur P.S. Case No.86 of 2025 registered for the offence under
sections 64, 115(2), 352, 351(2), 351(3) of the B.N.S., 2023.
3. The petitioner is accused of committing rape
with his sister-in-law in Mumbai (Maharashtra) but the case has
been registered in Bihar.
4. The petitioner is in custody since
02.12.2025.
5. Learned counsel for the petitioner submits
that no case could have been registered in Bihar as the offence is
Patna High Court CR. MISC. No.6353 of 2026(3) dt.26-03-2026
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alleged to have been committed in Mumbai (Maharashtra).
6. Considering the aforesaid facts, this bail
application is allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Samastipur / concerned Court
below, in connection with Tajpur P.S. Case No.86 of 2025.
(Sandeep Kumar, J)
pawan/-
U T
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