Patna High Court
Abdhesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 183, 64
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
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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
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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
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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
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