Created by Fuzzy Cloud

Patna High Court

Rajeev Kumar Yadav @ Rajeev RanjanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner, holding that the seriousness of the rape allegation and the evidentiary material did not justify release at this stage.

Summary

Petitioner Rajeev Kumar Yadav was charged under Section 64(1) of the B.N.S. for alleged rape of a married informant. The prosecution alleged that the petitioner entered the informant’s house at 4 a.m., tied her children, and raped her, supported by the informant’s statement and medical findings showing injuries on the petitioner. The petitioner claimed innocence, asserted a prior financial relationship with the informant, and presented an account statement to support his claim, also noting his clean criminal record and custody since August 2025. The State and the informant’s counsel contested bail, emphasizing the seriousness of the allegation, the lack of evidence of a consensual relationship, and the credibility of the informant’s testimony. The court, after evaluating the seriousness of the charge and the medical evidence, refused bail, allowing the petitioner to re‑apply after six months if the trial remains pending, and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the petitioner accused of rape under Section 64(1) of the B.N.S.

Legislation cited

Subjects

  • bail
  • rape
  • Section 64(1)
  • medical evidence
  • credibility of witness
  • criminal procedure
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82950 of 2025
                    Arising Out of PS. Case No.-136 Year-2025 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 Rajeev Kumar Yadav @ Rajeev Ranjan, S/O Bodh Narayan Yadav, R/O Vill.-
                 Kamarachak, Chakheli, P.S.- Sangrampur, Dist.- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Narendra Kumar Singh, Advocate
                                                Mr. Atul Kumar, Advocate
                 For the State           :      Mr. Jagdhar Prasad, APP
                 For the Informant       :      Mr. Suman Kumar Jha, Advocate
                                                Ms. Rupali Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

6   16-03-2026                   Heard learned counsel for the petitioner, learned counsel

                   for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Sangrampur P.S. Case No. 136 of 2025 registered for the

                   offence punishable under Section 64(1) of B.N.S.

                                 3. The case of the prosecution is that the petitioner

                   entered in the room of the informant in early morning at 4:00

                   A.M., tied her children and committed rape with her.

                                 4. It is submitted by learned counsel for the petitioner

                   that petitioner is innocent and has committed no offence. He has

                   been falsely implicated in the present case. Learned counsel for the

                   petitioner has submitted that he has annexed Annexure-P/2 which

                   is account statement of the petitioner will go to show that there
Patna High Court CR. MISC. No.82950 of 2025(6) dt.16-03-2026
                                            2/3




          was relationship between the petitioner and the informant and he

          he used to pay her. It has further been submitted that this case has

          been filed out of mis-conception. Petitioner is having no criminal

          antecedent and he is languishing in judicial custody since

          25.08.2025.

                       5. Learned APP appearing for the state and learned

          counsel for the informant have vehemently opposed the prayer of

          regular bail. Learned counsel for the informant has stated that

          there is nothing to show that the petitioner was in relation with the

          informant. The informant is a married lady having three kids.

          Petitioner has entered in the house of the informant at 4:00 A.M.

          and during course of investigation, medical examination of the

          informant and petitioner both was conducted and from perusal of

          the medical examination of the petitioner, it is clear that following

          injuries were found on his persons:-

                       (i) Wound mark at right side of face, (ii) Four abrasion

          at right side of neck present, (iii) No any external injury

          The informant has also given her statement during course of

          investigation and has stated that the petitioner has committed rape

          with her and she has further stated that he has hushed the police

          due to which informant and her mother were assaulted by the

          police also. The story of consent which has been developed by the

          petitioner does not seem to be believable.
             Patna High Court CR. MISC. No.82950 of 2025(6) dt.16-03-2026
                                                         3/3




                                    6. Having heard the learned counsel for the parties and

                       considering the nature of allegation, this court is not inclined to

                       enlarge the petitioner on bail at this stage and, as such, his prayer

                       for bail stands rejected.

                                    7. However, petitioner may renew his prayer for bail

                       after six months if the trial is not concluded.

                                    8. Learned trial Court is directed to expedite the trial.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.