Patna High Court
Raju TiwaryversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Raju Tiwary, was in custody for an alleged rape of the informant's daughter under Section 64(1) of the Bihar Narcotic Substances Act. The prosecution alleged sexual assault, but the petitioner contended innocence, emphasizing that the victim was a major and that no medical evidence supported the charge. The court examined the medical report ordered on 15.01.2026, which found no recent signs of sexual or physical assault and no spermatozoa. Considering the lack of corroborative medical evidence, the completion of the investigation, and the filing of a charge-sheet, the court decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, a family member as one bailor, regular appearance before the trial court, and prohibitions against tampering with witnesses or committing further offences.
Issues considered
- Whether bail should be granted to the accused in a rape case under Section 64(1) BNS in the absence of medical evidence.
- Whether the medical report negates the prosecution's allegation of sexual assault.
- Whether the conditions imposed for bail are appropriate and sufficient.
Legislation cited
- Bihar Narcotic Substances Act — s. 64(1)
Subjects
- bail
- rape
- sexual assault
- medical report
- evidence
- custody
- charge-sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77919 of 2025
Arising Out of PS. Case No.-237 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Raju Tiwary S/O Pradip Tiwary @ Pravit Tiwari Resident of village-
Bharatpur Mathiya, P.S.- G.B. Nagar, Dist.- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam, Adv.
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
G.B. Nagar P.S. Case No. 237 of 2025 for the offence
punishable under sections 64(1) of the BNS lodged on
03.06.2025 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he is said to have raped the daughter of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence as alleged in the FIR.
It has next been submitted that the victim is a major girl and for
totally improbable allegations, the petitioner has been
implicated in this case, while there is no evidence of any sexual
Patna High Court CR. MISC. No.77919 of 2025(3) dt.19-03-2026
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assault having been found on the person of the victim which
would be evident from the medical report which was sought by
this Court vide order dated 15.01.2026. As per the said report,
the doctor has not found any recent evidence of sexual and
physical activity and even on the physical examination
conducted on this petitioner, nothing incriminating is said to
have been found as is evident from the opinion recorded by the
treating doctor wherein it is stated that no spermatozoa is seen
either dead or alive. It has next been submitted that petitioner is
in custody since 04.06.2025. Investigation is completed and
charge-sheet has been filed.
5. Learned APP opposes the prayer for bail by
submitting that the nature of allegation is grave.
6. Considering the medical report which does not
corroborate the allegation of sexual assault as alleged,
petitioner is in custody since 04.06.2025 and investigation is
completed and charge-sheet has been filed, this Court is inclined
to extend him the privilege of bail.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, 4th Siwan, in connection
Patna High Court CR. MISC. No.77919 of 2025(3) dt.19-03-2026
3/3
with aforesaid PS Case, subject to the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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