Created by Fuzzy Cloud

Patna High Court

Abdhesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with a bond of Rs.10,000 and specified conditions.

Summary

The petitioner, Abdhesh Ray, was arrested in connection with a rape allegation under Section 64 of the Bihar Narcotic Substances Act, 2023, based on FIR No. 270 dated 30‑06‑2025. The petitioner contended that the FIR was fabricated, noting a one‑day delay in filing, the victim’s statement under Section 183 did not support the prosecution, and the medical report taken on the same day as the alleged incident showed no evidence of sexual assault. The State opposed bail, emphasizing the specific allegation and the petitioner’s involvement in another case, though he was on bail in that matter. The Court examined the lack of victim cooperation and medical evidence and concluded that these factors weakened the prosecution’s case. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial cooperation, evidence tampering, and disclosure of criminal antecedents.

Issues considered

  • Whether bail should be granted in a rape case where the victim’s statement does not support the prosecution
  • Whether the one‑day delay in filing the FIR and lack of medical evidence justify bail
  • Whether the petitioner’s involvement in another case affects the bail decision

Legislation cited

Subjects

  • bail
  • rape
  • FIR delay
  • victim statement
  • medical examination
  • Section 64
  • Section 183
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86684 of 2025
                    Arising Out of PS. Case No.-270 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Abdhesh Ray S/O Raju Ray R/O Village - Koilakh, P.S- Rajnagar, District -
                 Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ayodhi Sah S/O Late Dallu Sah R/O Village - Koilakh, P.S- Rajnagar,
                 District - Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gagandeo Yadav, Advocate
                                          :      Mr.Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr.Dr.Mrityunjaya Kr.Gautam, APP
                 For the Informant        :      Mr. Vikas Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   30-03-2026                   Heard Mr.Gagandeo Yadav,             learned counsel for the

                   petitioner, Mr. Vikas Kumar Jha, learned counsel for the

                   informant        and       Mr.Dr.Mrityunjaya        Kr.Gautam,         learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   17.08.2025 in connection with Rajnagar P.S. Case No. 270 of

                   2025, F.I.R. dated 30.06.2025 registered for the offence

                   punishable under Section 64 of BNS, 2023.

                                 3. Allegation against the petitioner is that he raped

                   with the wife of informant in her house when the informant had

                   gone for worshiping at Tample.
Patna High Court CR. MISC. No.86684 of 2025(3) dt.30-03-2026
                                            2/4




                       4. Learned counsel appearing for the petitioner

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. Learned counsel for the petitioner submits

          that from a bare perusal of the FIR it appears that the date of

          occurrence as alleged in the FIR is 29.06.2025 but the present

          FIR has been instituted on 30.06.2025 after delay of one day

          without giving any explanation of delay and statement of the

          victim was recorded under Section 183 of BNSS, 2023 on

          30.06.2025 in which she has not supported the case of the

          prosecution, apart from that, the medical examination of the

          victim was conducted on 30.06.2025 i.e. the next date of

          occurrence and as per medical report, no sexual assault was

          found at the time of medical examination and the police, after

          investigation, submitted the chargesheet against the petitioner

          and the petitioner is in custody since 17.08.2025.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the other hand,             have vehemently

          opposed the prayer for bail of the petitioner and submits that

          there is direct and specific allegation against the petitioner as

          alleged in the FIR and apart from that, the petitioner carries one

          more case other than the present one, but fairly submits that the
Patna High Court CR. MISC. No.86684 of 2025(3) dt.30-03-2026
                                            3/4




          petitioner is on bail in the said case, as mentioned in para-3 of

          the bail petition.

                       6. Considering the aforesaid facts and the victim has

          not supported the case of the prosecution in her statement under

          Section 183 of BNSS,2023, 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 learned CJM, Madhubani in connection with

          Rajnagar P.S. Case No. 270 of 2025,                  with the following

          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/her absence on two consecutive dates without sufficient

          reason, his/her 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
               Patna High Court CR. MISC. No.86684 of 2025(3) dt.30-03-2026
                                                           4/4




                         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)
Nitesh/-

U          T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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