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Patna High Court

AashiqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, finding insufficient medical evidence and the existence of a civil dispute as mitigating factors.

Summary

The petitioner, Aashique, was arrested in connection with a rape case (Araria P.S. Case No. 248 of 2025) under Section 70(2) of the BNS and Section 6 of the POCSO Act and has been in custody since 30 June 2025. He applied for regular bail, contending that the case was false and stemmed from a title suit between his family and the victim's family, and that the medical report showed no external injuries or signs of rape. The prosecution opposed the bail, arguing the seriousness of the offences. The court noted the ongoing title suit, the lack of corroborative medical evidence, and the length of custody, and consequently granted regular bail with a bond of Rs. 10,000 and two sureties, subject to conditions of regular appearance and cooperation in trial. The bail order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether regular bail should be granted to the accused in a rape case under Section 6 of the POCSO Act and Section 70(2) of the BNS.
  • Whether the existence of a title suit and the absence of medical injuries affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • POCSO Act
  • rape
  • medical evidence
  • title suit
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68844 of 2025
                        Arising Out of PS. Case No.-248 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Aashique S/O M Isteyaque R/O Bangama, Islampur, Ward no. 9, P.S.- Araria,
                 Dist. Araria.

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

           2.    Maya Devi W/O Prakash Goswami R/O Bangama, Islampur, Ward no. 9,
                 P.S.- Araria, Dist. Araria.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Ranjan, Advocate
                                                  Mr. Madan Mohan
                 For the Opposite Party/s :       Mr.Choubey Jawahar
                                                  Mr. Rohit Kumar
                                                  Mr. Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-03-2026                   Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                 2. The petitioner seeks regular bail in connection with

                   Araria P.S. Case No. 248 of 2025 registered for the offence

                   under Section(s) 70(2) of the BNS and Section 6 of the POCSO

                   Act.

                                 3. As per the prosecution case, two persons including

                   the petitioner are accused of committing rape with the victim.
Patna High Court CR. MISC. No.68844 of 2025(3) dt.25-03-2026
                                            2/3




          The petitioner is in custody since 30.06.2025.

                       4. Learned counsel for the petitioner submits that a

          title suit is going on between the petitioner’s family and the

          victim’s family and because of the same, this false case has been

          filed. He further submits that from the medical report it will

          appear that the alleged victim was examined on the same day

          but no external injury and no sign of rape has been found on the

          body of the victim.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

                       6. Considering the fact that a title suit is going on

          between the parties and the fact that the medical report doesn’t

          support the prosecution case and also the period of custody, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

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

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Araria P.S. Case

          No. 248 of 2025 subject to conditions that the petitioner shall

          appear in the trial regularly either personally or through his

          lawyer and shall cooperate in the trial and non-cooperation in
            Patna High Court CR. MISC. No.68844 of 2025(3) dt.25-03-2026
                                                        3/3




                      the trial shall result in cancellation of the bail bond of the

                      petitioner.



                                                              (Sandeep Kumar, J)
Shishir/-
U       T


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