Patna High Court
Rambabu Mahto @ Nanhak Mahto @ MarutiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rambabu Mahto, sought regular bail in a case registered under section 64(1) of the BNS for alleged rape occurring on 27-08-2025 in a sugarcane field. The prosecution alleged that the petitioner raped the complainant, who had earlier given a statement under Section 180 of the BNSS indicating a relationship with the petitioner and later a statement under Section 183 describing the alleged assault. The defence highlighted the absence of genital injuries in the medical report, suggesting the injury below the left eye could be caused by sugarcane leaves, and pointed out that the parties had filed a compromise petition and the petitioner had no prior criminal record. The State opposed bail. After considering the evidence, the court decided to grant regular bail on a bond of Rs.10,000 with two sureties, directing release pending further trial.
Issues considered
- Whether regular bail should be granted to the accused in a rape case under section 64(1) of the BNS.
- Whether the medical report and the nature of injuries affect the bail decision.
- Whether a compromise petition and lack of prior criminal antecedent justify granting bail.
Legislation cited
Subjects
- bail
- rape
- section 64(1) BNS
- medical evidence
- compromise petition
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87296 of 2025
Arising Out of PS. Case No.-580 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Rambabu Mahto @ Nanhak Mahto @ Maruti S/o Ramlal Mahto R/o Village-
Madhopur, Ward No.04, P.S- Majhauliya, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 64(1) of
BNS.
3. The case of the prosecution is that on 27.08.2025 at
11 PM, when the informant has gone to ease herself in
sugarcane field, the petitioner who was already there, has
committed rape with her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that during course of
investigation the informant has given her statement recorded
under Section 180 of BNSS wherein she has stated that she was
Patna High Court CR. MISC. No.87296 of 2025(3) dt.11-02-2026
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having relationship with the petitioner but on the fateful day, the
rape was committed by the petitioner with her. In her statement
recorded under Section 183 of BNSS, she has stated that at 12
AM, she has gone to ease herself and this petitioner caught her.
It is further stated that by her that after that, the petitioner
committed rape with her. Learned counsel has further submitted
that from perusal of the medical report, it is clear that the doctor
has not found any injury on her private parts rather one injury
which is an oblique injury/scar present below left eye measuring
approx 1-2 cm and the doctor has opined that the possibility of
sexual intercourse can’t be ruled out. Leaned counsel has further
submitted that as per the case of the prosecution, the informant
has gone in the sugarcane field and the injury which has been
found below left eye may be of the leaves of sugarcane. It has
further been submitted that parties have compromised the case
and parties have also filed compromise petition in the learned
trial court. A statement has been made in para-3 of this petition
that the petitioner has got no criminal antecedent. Moreover, he
is languishing in judicial custody since 30.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.87296 of 2025(3) dt.11-02-2026
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considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Majhauliya P.S. Case No. 580 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Bettiah, West
Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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