Rajiv Kumar @ Rajiv v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25852 of 2025 Arising Out of PS. Case No.-728 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Rajiv Kumar @ Rajiv Son of Arvind Kumar Resident of village - Bikrampur, Police Station - Parwalpur, District - Nalanda, Presently residing Tahir Lane, Road No.- 16, Jayanti Niwas, Police Station - Gardanibagh, District - Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Gardanibagh P.S. Case No. 728 of 2024, registered for the offences punishable under Sections 127(2), 115(2), 76, 70(1), 62 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per allegation, the co-accused persons including the petitioner assaulted and tried to commit rape upon the informant and her friend.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.25852 of 2025(2) dt.02-05-2025 2/2 present case. Learned counsel has also submitted that the alleged victim refused for medical examination which transpires from the impugned order. When she realized her mistake, she filed compromise petition and the petitioner is under custody since 01.01.2025.

5. On the other hand, learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Rape and POCSO Act), Patna in connection with Gardanibagh P.S. Case No. 728 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Neha/- U T