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Patna High Court

Rajesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the petitioner was not identified in the victim’s statement and the medical report showed no evidence of sexual assault, rendering the accusation insufficient to deny bail.

Summary

Petitioner Rajesh Paswan applied for bail in a rape case (PS Case No.212 of 2025) registered under Section 64(1) of the BNS, 2023. The FIR alleged that he raped the victim while both were grazing goats, but the victim’s statement under Section 183 of the BNSS did not name him, and she claimed she did not know the boy’s name. The medical report showed the victim was over 19 years old, with an intact hymen and no signs of recent sexual intercourse, and the trial court had deemed her mentally unsound. The petitioner had no prior criminal record and had been in custody since 19‑05‑2025. Considering the lack of identification, the medical findings, and the victim’s mental condition, the High Court directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to his presence in court on each date.

Issues considered

  • Whether bail should be granted to the accused under Section 64(1) of the BNS, 2023 in view of the lack of identification by the victim.
  • Whether the medical report and the victim’s mental condition justify the grant of bail.

Legislation cited

Subjects

  • bail
  • rape allegation
  • identification
  • medical report
  • mental unsoundness
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76766 of 2025
                       Arising Out of PS. Case No.-212 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Rajesh Paswan S/O Late Ramchandra Paswan R/O Vill.- Dariyapur, P.S.-
                 Belaganj, Dist.- Gaya, Wrongly mentioned in Impugned order as Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Uday Kumar, Adv.
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   24-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Belaganj P.S. Case no.212 of 2025

                   registered under section 64(1) of BNS, 2023.

                                3. Allegation in the F.I.R is that petitioner committed

                   rape with the informant/victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the present case which

                   would be evident from the fact that although the name of the

                   petitioner appears in the FIR with a specific allegation that he

                   was grazing goats while the victim/informant was grazing her

                   goats and petitioner committed rape upon her, but in the

                   statement of the victim recorded under Section 183 of BNSS,
Patna High Court CR. MISC. No.76766 of 2025(3) dt.24-02-2026
                                            2/3




          she has not taken the name of the petitioner and when asked

          about the boy, she has only stated that she does not know the

          name of the boy and upon general assessment, the court

          concerned has opined that victim is mentally unsound. Further,

          the medical examination report of the victim/informant

          discloses her age to be above 19 years and no recent sign of any

          sexual intercourse has been found, rather the hymen has been

          found intact with no tear laceration or bleeding. The petitioner is

          in custody since 19.05.2025 with no criminal antecedent and

          charge sheet has been submitted in the case.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that the

          name of the petitioner does not transpire in the statement of the

          victim recorded under Section 183 B.N.S.S., coupled with the

          medical report, the petitioner is directed to be enlarged on bail

          in connection with Belaganj P.S. Case no.212 of 2025 on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the     learned      Court       concerned           where   the   case   is

          pending/successor Court, subject to the further condition that
              Patna High Court CR. MISC. No.76766 of 2025(3) dt.24-02-2026
                                                          3/3




                        petitioner shall remain physically present in the learned trial

                        Court on each date and shall cooperate in the trial. In case the

                        petitioner is absent on the two consecutive dates without

                        sufficient reasons, the learned trial Court would be at liberty to

                        cancel the bail bonds of the petitioner.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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