Tarni Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18207 of 2026 Arising Out of PS. Case No.-70 Year-2025 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Tarni Sah, aged about 45 years, Male, Son of Bablo Sah @ Balgu Sah, Resident of Village- Birnoudh, P.S.- Goradih, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Sharma, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 64(1), 115(2), 351(2) and

(3) of the BNS.

3. As per allegation in the FIR, the informant alleged that on 06.11.2025, her husband and mother-in-law had gone to Goradih dealer, District-Bhagalpur for purchasing ration and when she was alone in her house, breastfeeding her child and at that time, his neighbour Tarni Sah (petitioner) caught her and forcefully committed rape upon her and when her husband returned to his house, he saw petitioner was lying on her and she was resisting and suddenly her husband saw thereafter

Patna High Court CR. MISC. No.18207 of 2026(5) dt.17-06-2026 2/3 petitioner pushed her husband and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dirty village politics. He next submits that there is no evidence of physical and clinical injury on her body including private parts. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 07.11.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has forcefully sexual assault upon the informant.

6. On perusal of the first information report, case diary and impugned order dated 10.02.2026, it appears that in para-39 of the case diary, the statement of the victim recorded under Section 180 of the BNSS, wherein the victim has corroborated the version of the written application and also in paras-65 and 66 of the case diary, the medical examination report of the victim wherein it is stated that epiphysis of skull appears fused, epiphysis distal end of radius and ulna fused, epiphysis of B/L iliac crest fused and the doctor has opined that the victim is above 30 years of old and also the fact that from perusal of the case diary, several witnesses have supported the

Patna High Court CR. MISC. No.18207 of 2026(5) dt.17-06-2026 3/3 case of the prosecution, so I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T