Patna High Court
AashiqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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
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the trial shall result in cancellation of the bail bond of the
petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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