Pradip Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3658 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- Dehri Mufassil District- Rohtas ====================================================== Pradip Kumar @ Rahul Son of Gupteshwar Shah Resident of Vill- Pahleza, P.S.- Dehri, Mufassil, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dehri Mufassil P.S. Case No. 157 of 2024 instituted for the offences under Sections 64, 352, 351(2) of the BNS.

3. Accusation against the petitioner is of commission of rape upon the victim girl.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that although, the victim, who is major, in her statement recorded under Section 183 of the BNSS has supported the case of the prosecution but she has refused for her medical examination which clearly demonstrates

Patna High Court CR. MISC. No.3658 of 2025(3) dt.22-04-2025 2/3 her ill intention. Learned counsel further submitted that, as a matter of fact, petitioner and the victim were having an affair but the family of the victim, in order to pressurize the petitioner, falsely implicated him in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.10.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dehri Mufassil P.S. Case No. 157 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.3658 of 2025(3) dt.22-04-2025 3/3 (III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T