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Patna High Court

Madhurendra RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions.

Summary

Madhurendra Ray was arrested on 21 August 2025 in connection with a case involving alleged rape and abortion of the informant's daughter, with charges under Sections 64, 89, 352, 351(2) and 3(5) of the BNS, 2023. The prosecution alleged that the petitioner’s brother, Dharmendra Ray, committed the rape and that the petitioner participated in abusing the informant and tampering with evidence. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the FIR is fabricated. The informant and the State opposed bail, asserting the petitioner’s involvement. The High Court, noting the petitioner’s clean record and lack of specific allegations against him, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
  • Whether the petitioner’s clean antecedent and lack of specific allegations justify bail.

Legislation cited

Subjects

  • bail
  • false implication
  • criminal antecedent
  • rape
  • abortion
  • BNS 2023
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78341 of 2025
                       Arising Out of PS. Case No.-140 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Madhurendra Ray Son of Mohan Ray Resident of Village- Nayagao
                 Mahuawa, P.S.- Piprahi, District- Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :        Dr. Mrityunjaya Kr. Gautam, APP
                 For the Informant        :        Mr. Jay Ram Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-01-2026                      Heard Mr. Devendra Kumar, learned counsel for the

                   petitioner, Mr. Jay Ram Prasad, learned counsel for the

                   informant and Dr. Mrityunjaya Kr. Gautam, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.08.2025 in connection with Piprahi P.S. Case No. 140 of 250,

                   F.I.R. dated 18.07.2025 for the offences punishable under

                   Sections 64, 89, 352, 351(2) and 3(5) of the BNS, 2023.

                               3.      According to prosecution case, co-accused

                   Dharmendra Ray has committed rape upon the daughter of the

                   informant and when this informant went to the house of the said

                   co-accused then this petitioner along with other accused persons

                   abused him. It is further alleged that the accused persons later
Patna High Court CR. MISC. No.78341 of 2025(2) dt.15-01-2026
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          on took his daughter and got her pregnancy aborted.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. The allegation is against the

          co-accused, Dharmendra Ray who happens to be brother of the

          petitioner and due to this reason his name has falsely been

          implicated in the present case. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 21.08.2025.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioner and submits that the petitioner is

          involved in the present crime in question.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and there is no specific

          allegation against the petitioner, let the petitioner, above named,

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

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

          satisfaction of the learned CJM, Sheohar in connection with

          Piprahi P.S. Case No. 140 of 2025, subject to the following
            Patna High Court CR. MISC. No.78341 of 2025(2) dt.15-01-2026
                                                        3/3




                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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