Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25766 of 2025 Arising Out of PS. Case No.-259 Year-2024 Thana- BAUNSI District- Araria ====================================================== Yusuf S/o Late Safir Resident of vill- Bausi Madarsa Tola, ward no. 14, PSBausi, Distt.- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Md. Kasim S/o Late Abbas Resident of Village - Bausi Madarsa Tola, ward no. 14, PS - Bausi, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Ravish, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bausi P.S. Case No. 259 of 2024 dated 20.11.2024 registered for the offences punishable u/ss 64 and 61(2) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have forcibly abducted the informant's wife and committed rape on her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the medical examination report of the victim also does not corroborate the allegation of the

Patna High Court CR. MISC. No.25766 of 2025(4) dt.30-07-2025 2/2 prosecution. Nothing has been recovered from the possession of the petitioner. Learned counsel has further submitted that as per the F.I.R, the victim is assumed to be mentally ill. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.01.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation of committing rape is against the petitioner. The victim in her statement recorded u/s 183 of the B.N.S.S. has supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T